Construction Litigation
Construction Claims
Defects include internal conflicts, impossibility, code violations, and inadequate detail. Under Spearin the owner impliedly warrants design specifications it furnishes, so the contractor is not liable for resulting failures.
Performance specifications shift the risk to the contractor.
Alternative Names:
Deficient Specifications|Faulty Design Documents
Why it Matters?
Distinguishing design from performance specifications determines who bears the risk, and modern contracts blend both within a single document, requiring provision-by-provision characterization. The contractor's duty to report obvious errors is a limitation, since a patent conflict a competent contractor should have identified before bidding may shift responsibility back. Documenting requests for information and the owner's responses preserves the record.
Frequently Confused with
Related terms
Frequently asked questions
What limits the Spearin protection?
How are blended documents analyzed?
