News & Analysis as of

Spearin Doctrine Construction Contracts

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

Bracewell LLP

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

Bracewell LLP on

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

Troutman Pepper

Risks of BIM

Troutman Pepper on

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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