Don and Tom authored Part II of this article (page 22) for Ohio Contractor Magazine, sharing why the Spearin Doctrine can be a contractor’s saving grace on public projects.
Don and Tom authored Part I of this article (page 10) on the Spearin Doctrine for Ohio Contractor Magazine, outlining the history of the concept, how it affects public works disputes, and how it can be used as both a “shield” and a “sword” when a project fails.
In a September 2, 2015 decision, the Massachusetts Supreme Court bolstered the Spearin Doctrine when it found that a public owner had impliedly warranted the plans and specifications for a project constructed under the construction manager-at-risk delivery system. See Coghlin Elec. Contractors, Inc. v. Gilbane Bldg. Co., 2015 WL 5123135 (Sept. 2, 2015). This case […]