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Representative Workman urges codifying Spearin doctrine in House Bill 605 to limit contractor risk
Summary
Representative Workman told the Commerce and Labor Committee House Bill 605 would create a statutory implied warranty that public owners warrant the accuracy and sufficiency of plans and specifications for design–bid–build projects, citing United States v. Spearin (1918) and a 2007 Ohio Supreme Court decision that narrowed the rule. Workman said codification could reduce change orders and trim millions from public-construction costs; members asked about applying the rule to the private sector and the measure’s economic impact.
Representative Workman presented House Bill 605 to the House Commerce and Labor Committee and argued the legislation would restore a long-standing principle from the U.S. Supreme Court that public owners implicitly warrant the accuracy of plans and specifications they provide for traditional design–bid–build public construction projects.
Workman summarized the legal background, telling the committee that "In 1918, the Supreme Court decided United States v. Spearin" and that the Spearin doctrine holds that when an owner furnishes plans and specifications and requires a contractor to build exactly to them, "the owner impliedly warrants…
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