Spearin Doctrine Invoked Against School District

Kegler Brown Construction Newsletter

In a case successfully argued by our firm, the Twelfth District Court of Appeals has ruled that Owners, in this case a School District, impliedly warrant the sufficiency of the plans and cannot complain of a problem that arises when the Contractor follows the plans.

The Court also found that disclaimers in soils reports could not overcome the implied warranty imposed by the Spearin doctrine.