Implied Warranties : Specifications

Implied Warranties

Is the Spearin Doctrine Dead in Ohio or Just Wounded?
Thomas L. Rosenberg of Roetzel & Andress

All architects should be familiar with the Spearin Doctrine. The Spearin Doctrine was established by United States Supreme Court in 1918. In a case called United States v. Spearin, the Supreme Court affirmed and awarded damages to a contractor to compensate it for delays experienced during the construction of a dry-dock at the Brooklyn Navy Yard in New York City. The particular location of the proposed dry-dock required that the contractor complete the diversion and relocation of a section of a sewer that intersected the site chosen for the dry-dock
The Applicability of the Spearin Doctrine: Do Owners Warrant Plans and Specifications?
Brendan P. Mitchell of Haese, LLC

The federal courts have created a doctrine whereby an owner impliedly warrants the information, plans and specific.
Contractor's Responsibility for Substitution of Specified Materials
Wray & Pierce, L.L.P.

A contractor for a portion of the subway system in Washington, D.C. was found liable for a specified materials subs.