Defects By Design; Who is Liable for Bad Plans and SpecsJohn Caravella Esq.
April 3, 2012 — 1,122 views
Construction is fraught with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, and from inaccurate plans and specifications, among others. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, or litigation. Problems stemming from inaccurate plans and specs can quickly become the problems of others beyond just the design professional itself.
It is undisputed that New York construction law imposes primary responsibility for plan and specification accuracy on the design professional itself. The design professional is required to use the degree of skill, knowledge, and judgment ordinarily used by other design professionals in the same geographic area.
However the issue becomes more complicated where an owner has its architect prepare plans and specifications, and provides them to its contractor. As between the owner and the contractor, it is the owner who bears the risk of any deficiencies in the architecturals. This allocation of risk, known as the Spearin Doctrine, stems from the 1918 United States Supreme Court matter of U.S. v. Spearin, 54 Ct. Cl. 187, 248 U.S. 132.
In Spearin, the contractor was constructing a federal dry dock, with the plans and specifications provided by the owner. The plans failed to show a dam, which later failed and caused the dry dock to flood. The Court found that in issuing the plans, the owner extended an implied warranty to the contractor, warranting that the plans and specifications, if complied with, would be adequate for its intended purpose.
Where a contractor has reason to believe that some error, oversight, or defect exists in the plans and specifications provided to it by the owner, the contractor should notify the owner promptly of these claims (preferably in writing). Where such a defect is not noticed by any party until after bidding, the plans would then arguably be defective under the Spearin Doctrine.
The contractor under New York construction law is charged only with constructing the project in conformance with the architecturals, and to point out to the owner any deficiencies in the provided architecturals that it discovers. This does not arise to the contractor having responsibility for any deficiencies it fails to discover.
John Caravella Esq.
The Law Offices of John Caravella, P.C.
Mr. Caravella, a construction attorney admitted to practice in all NY and FL state courts, represents architects, contractors, sub-contractors, engineers & owners in all phases of construction. He has education & working experience in architecture.