News & Analysis as of

Spearin Doctrine

Snell & Wilmer

The Washington Supreme Court Renders a Significant Decision on Application of the Spearin Doctrine for Washington Projects

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In September 2021, the Washington Supreme Court issued its decision in Lake Hills Investments, LLC v. Rushforth Construction Co., Inc., 198 Wash.2d 209 (2021). This case is significant because it establishes a comparative...more

Miller Nash LLP

Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance

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Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision...more

Davis Wright Tremaine LLP

Washington Supreme Court Clarifies Affirmative Defense of Design Defects

In a recent ruling, the Washington Supreme Court confirmed and clarified the ability of contractors to shield themselves from liability for construction claims arising out of defects in owner-provided plans and...more

Bracewell LLP

The New Rules: Liability Limitations for Construction Design Defects in Texas

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Through Senate Bill 219, now codified in Chapter 59 of the Texas Business & Commerce Code, the Texas legislature has reallocated the risks for construction design defect liability in Texas by joining a majority of...more

Moritt Hock & Hamroff LLP

The Relevance Of The Spearin Doctrine In An Increasingly Design-Build World

Prior to the U.S. Supreme Court's decision in United States v. Spearin, 248 U.S. 132 (1918), virtually all construction risk was borne by the contractor, except for (i) express carve-outs set forth in a contract or (ii)...more

Bradley Arant Boult Cummings LLP

The Spearin Doctrine Revisited: Penzel Construction v. Jackson R-2 School District

In a recent Missouri appellate decision, the court recognized and reaffirmed the Spearin Doctrine which provides that an owner impliedly warrants the adequacy of plans and specifications it provides to a contractor. In Penzel...more

Stinson LLP

Missouri Court Holds Public Owner is Liable for Issuing Defective Contract Documents

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Although the federal courts have followed the Spearin doctrine since 1918, it took Missouri just shy of a century to come on board. Under U.S. v. Spearin, it was held that when a government entity includes detailed...more

Burr & Forman

Spearin Doctrine: A Construction Case Described in A Tweet!

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I read in my Twitter feed this morning about a recent case where the Missouri Court of Appeals formally adopted the Spearin Doctrine. I immediately wondered if I could explain the Spearin Doctrine in less than 140...more

Troutman Pepper

Federal Court Rules Spearin Doctrine Contractor Immunity for Defects in Owner's Design Includes Contractor's Failure to Warn Owner...

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The legal doctrine of implied fitness of design warranty, recognized by the U.S. Supreme Court, provides that a contractor bound to build according to plans and specifications prepared by an owner will not be responsible for...more

Troutman Pepper

Fifth Circuit Holds That Spearin-like Provision of Louisiana Civil Code Bars Negligent Failure to Warn Claim

Troutman Pepper on

LaShip, LLC v. Hayward Baker, Inc., 2017 U.S. App. LEXIS 3694 (5th Cir. Mar. 1, 2017) - Beginning in 2007, LaShip, LLC (“LaShip”) undertook the construction of a large shipbuilding facility in Houma, Louisiana (the...more

Troutman Pepper

Risks of BIM

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When building information modeling (BIM) technology first gained widespread use, commentators warned of new legal risks posed by the information sharing and collaboration essential to the process. Contractors and designers...more

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