What principle is established by the Spearin Doctrine?

Prepare for the Associate Contractors License Exam. Study using flashcards and multiple choice questions, each question is equipped with hints and explanations. Get exam-ready today!

The principle established by the Spearin Doctrine is centered around the implied warranty of design. This doctrine arose from a legal ruling that determined when a contractor is provided with plans and specifications by the owner, there is an inherent assumption that those plans are adequate and suitable for the intended purpose. Consequently, if defects or failures arise during the execution of the project due to the design provided by the owner, the contractor is not held liable for those issues.

The implication here is that the owner bears responsibility for the adequacy of the design since they are the ones who provided it to the contractor. This legal precedent is essential in the construction industry, as it clarifies the division of liability when it comes to contract execution and design-related issues. The contractor's obligation is to follow the plans as presented, and if they do so without deviation, they can expect not to be penalized for design flaws that were beyond their control.

Understanding the Spearin Doctrine helps to protect contractors and delineate their responsibilities, making it clear that they should not be held accountable for defects in design that they did not create or are not responsible for.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy