The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance specification. A question arises as to whether the Spearin doctrine can apply in the design-build context where the contractor is responsible for both the design and construction. It can, as discussed in the case below.

In Balfour Beatty Construction, LLC v. Administrator of the General Services Administration, 2025 WL 798865 (Fed. Cir. 2025), a design-build contractor appealed a decision from the Civilian Board of Contract Appeals (Board) claiming it was entitled to recover for design errors in the government’s bridging documents. In other words, the contractor claimed there was a design defect in the government’s bridging documents and, pursuant to the Spearin doctrine, the government should be liable for the contractor’s increased costs.