Practice Areas

Understanding The Spearin Doctrine Specifications As A Defense For Defect Claims Part 2

In the second half of this article, we will continue to discuss the benefits of understanding the Spearin Doctrine specifications as a contractor. As your construction attorneys in Jacksonville, we understand the importance of being able to distinguish between design and performance specifications, and how they can affect a construction project in the long run. To view the first half of this article, please visit Part 1.

How To Be Certain Of A Design Specification

Though performance and design specifications are different, there tends to be confusion when determining what the specification is, due to the fact that they both contain some similar elements. If a contractor is attempting to claim that a particular specification is design, they must prove that the specification does not allow any significant discretion in how the work is executed and that the defective specification is the reason for any injury. It’s crucial that the contractor can prove that they followed the design exactly, and that any divergence resulted from the design itself, not their work.

How To Be Certain Of A Performance Specification

The best way to decide whether a specification is a performance specification is to figure out the “result to be obtained” from the project. For example, if a contractor is working on a project that calls for glass doors to be installed, and nothing more, then it is likely a performance specification. However, if the specification calls for only certain glass doors being installed in a certain part of the building and the doors and the installation to be finished in accordance with a particular procedure, then the specification could be marked as a design specification.

Contractors Should Show Good Faith

Contractors should follow their gut and show good faith when working on a project and not rely on specifications. If a contractor discovers that any plans or specifications are inaccurate or flawed they should immediately notify the owner. It’s always recommended that when in doubt, contact your construction attorney in Jacksonville.

To speak with one of our construction lawyers in Jacksonville, or for more information on our construction law services, please contact our office at 904.425.5030 or submit our contact request form to request a consultation.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Have A Legal Question? Request A Consultation Today