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The bottom line is that many contractors lose income because they believe they are required to fix these types of issues for project owners. They also are led to believe they must absorb any cost related to plan errors during construction.
The Blame Game
However, it’s not uncommon for project owners to place blame on contractors in an effort to reduce their own costs and delays on the project. But the Spearin Doctrine provides protection in these cases, and as a contractor, you may be in a position to recover costs when an issue or error related to the plans and specs is discovered. You do not have to absorb those costs. What happens if you work on a project only for an issue or defect to be discovered months or years later? This has happened. The owner of the project may come back to you and call you out on your warranty (many contractors offer standard 1-, 5-, or 10-year warranties on their work). The owner wants you to fix the work and deal with the cost of fixing it.
The truth is the complete opposite. In many instances, it’s the contractor who should be paid.
Have questions or issues related to a recent project? Do you believe your rights have been infringed upon? You can reach me at 410-842-0145
or by email at JWyatt@ HarrisonLawGroup.com. I’m happy to discuss any issues you may have experienced and help you determine your best next steps.
Know Your Rights
You may not be responsible for the fix. If the project is built correctly, according to the plans and specs (of course, this must be verified) — then it’s not on you to fix it.
-Jeremy Wyatt
jwyatt@harrisonlawgroup.com
www.HarrisonLawGroup.com
(410) 832-0000
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