What is the Spearin doctrine and how could a contractor use this as a “shield” or a “sword?”
What will be an ideal response?
The Spearin doctrine states than an owner who issues design specifications,
which dictate how the contractor is to go about its work, impliedly warrants
that following the design will lead to a result acceptable to the owner. A
contractor can use Spearin as a shield when used as a defense to the owner’s
claim of defective construction. A contractor can use it as a “sword” by
showing that the project was more expensive to build than it anticipated
because of defective specifications.
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