Implied Warranty of Plans and Specifications in Construction

When an owner provides plans or specifications to a contractor, there is an implied warranty that the plans and specifications are sufficient and adequate to perform the contracted work. The Supreme Court of the United States first recognized this implied warranty of plans and specifications, known as the Spearin Doctrine, in 1918. U.S. v. Spearin, 248 U.S. 132 (1918). In Spearin, the federal government provided plans to a contractor who relied on the plans when relocating a sewer pipe. The plans furnished by the government to the contractor specified the dimensions, material, and location of the sewer pipe. The work was completed as specified, but a year later, during a high tide and after heavy rain, the sewer pipe overflowed. After the government terminated the contract because the contractor refused to take responsibility and remedy the improper sewer pipe, litigation ensued.  The Supreme Court found that “if the contractor is
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