White Paper

The Spearin Doctrine - Determining Who Bears the Risk of Design Errors

 

All construction participants should be aware of the many implied obligations in construction contracts.

Almost every jurisdiction in the U.S. recognizes the Spearin Doctrine in public and private settings. This doctrine is one of the implied obligations to be aware of in your construction contract as it is the implied warranty of the adequacy of the plans and specifications of the project. The general rule of law largely places all construction risk on contractors, yet courts have created certain exceptions, among which is the Spearin Doctrine. 

Agenda

Faculty

Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the construction law and international arbitration sections of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
  • Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Worked as an engineer for an ENR® top 50 general contractor
  • Drafted form contracts for the Associated Owners and Developers, a national association
  • Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
  • Frequent author and lecturer on construction law
  • Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
  • J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
  • Can be contacted at [email protected], [email protected], and (404) 815-3711

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