Ninety years ago, a dispute over a malfunctioning sewer resulted in judicial
recognition of a legal principal which continues to protect contractors to this
very day. In the 1918 case of U.S. v Spearin, the Supreme Court ruled that a
contractor who relocated a sewer in compliance with dimensions, materials
and specifications outlined in the contract was not responsible for damages
that ensued when the sewer broke up after a sudden rainfall. This concept
became known as the "Spearin Doctrine," which states that an owner impliedly
warrants that its plans and specifications are adequate and sufficient for the
purpose intended, and that a contractor who follows the plans and
specifications prepared by the owner is not responsible for the consequences
of defects in those plans and specifications.
The Spearin Doctrine is based upon the idea that it would be inequitable to
allow an owner to avoid responsibility for the plans and specifications relied
upon by contractors to bid and perform the work, and inequitable to delegate
design risks to a contractor. The fundamental fairness underlying the Spearin
Doctrine accounts for its widespread adoption by state courts across the
country, and for the doctrine being applied by the courts to both public and
private contracts. Jay Bernstein of Ober|Kaler reviews the continuing vitality of that venerable doctrine and how it protects contractors.
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