Level With
Me By JeremyWyatt
Inaccurate Plans and Specifications? Who Is Really Liable?
experience and the cases I’ve worked on, the answer tends to be a no.
In construction, any project of any size requires plans and specifications. You don’t build without plans. The plans are drawn up by project engineers, then delivered to the project manager, who works with the general contractor (this is the person who hires other contractors). After all of that takes place, the project begins and each contractor does their part. This seems like a fairly straightforward sequence of events, but as many contractors know, it’s rarely that simple. In recent months, I’ve been working on cases dealing with issues related to the plans or specifications of the project. These issues include inaccuracies and errors that may not be identified until a contractor is physically working on that part of the project. Even then, it might not be noticed. One question many contractors have is: If there is an issue with the design of the project — the plan is incorrect or the specs are off — am I liable? Is it my fault?
The Spearin Doctrine
Why? A large part of it comes down to the Spearin Doctrine. This doctrine is based on a 100-year-old U.S. Supreme Court case: United States v. Spearin . It deals with implied warranties as they related to the plans and specification delivered to the general contractor and then contractors. If you’re a contractor, you are entitled to rely on the plans and specs as they are delivered to you. If you follow them to the letter, your work is legally acceptable. By handing the plans and specs to the general contractor and contractors, the owner of the project has made an implied warranty that those plans are correct. In many cases, the plans and specs contain an error. When someone spots it, this can trigger delays and additional costs throughout the scope of the project. People need to get paid. What the owner cannot do is tell the contractors that they are responsible for any errors or delays.
The answer is no.
Or in most cases, it will be no. Any construction- related case will have unique attributes, but from my
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jwyatt@harrisonlawgroup.com
www.HarrisonLawGroup.com
(410) 832-0000
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