Contractor Wins on $40.7 Million Defective HVAC Design Claim
Source: https://www.governmentconstructionlaw.com/, February 19, 2023
By: Joseph Darr
When an owner provides design plans and specifications for building a project, there is an implied warranty that if the contractor follows those plans and specifications, a satisfactory result will be produced. This principle is called the Spearin doctrine, which comes from the United States Supreme Court case United States v. Spearin.
Under the Spearin doctrine, if a contractor incurs additional costs due to the defective design of a project, the contractor may assert a defective specification claim, which may also be called a claim for breach of the implied warranty of design. Read more.