Contract Drafting 101: Implied Warranties and Design Delegation
Source: https://www.jdsupra.com/, August 25, 2023
By: James Yand, Miller Nash LLP
Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is confronted by an owner’s claims that the contractor did not adequately construct a project, a foundational defense is that the owner (through its design professional) provided defective plans and specifications. This is also known as the Spearin Doctrine. Read more.