Under Spearin, a contractor who builds according to owner-furnished specifications is not responsible for defects resulting from those specifications. The warranty applies to design specifications rather than performance specifications.
It originated in federal contracting and applies broadly.
Alternative Names:
Implied Warranty of Specifications, Spearin
Why it Matters?
The design versus performance specification distinction determines whether the doctrine applies, since a contractor told precisely how to build receives the warranty while one given a performance standard bears the risk of achieving it. Contracts increasingly blend both, which makes characterizing each requirement the analytical work. Disclaimers of the implied warranty are enforced in some jurisdictions and rejected in others.
Frequently Confused with
Related terms
Frequently asked questions
What distinguishes design from performance specifications?
Can the warranty be disclaimed?
