In CMAR contracts, did the appellate court decide that Spearin applies?

In CMAR contracts, did the appellate court decide that Spearin applies?

• A. Only in some states
• B. Not recognized
• C. Recognized at state level only
• D. Yes

Answer: (D)

The Spearin doctrine creates an implied warranty that owner-provided plans and specifications are adequate for their intended use. In CMAR setups, the construction manager relies on those plans during design and then builds, so courts have treated that implied warranty as extending to CMAR relationships. The appellate court concluded that Spearin applies in CMAR contracts, meaning the owner bears the risk for defects in the plans or specs supplied (or designed by the owner/owner-design professionals) and the CMAR isn’t liable for those defects. This reflects how CMAR structures shift design risk toward the owner, unless the CMAR has taken on independent design responsibility beyond the owner’s plans.

The Spearin doctrine creates an implied warranty that owner-provided plans and specifications are adequate for their intended use. In CMAR setups, the construction manager relies on those plans during design and then builds, so courts have treated that implied warranty as extending to CMAR relationships. The appellate court concluded that Spearin applies in CMAR contracts, meaning the owner bears the risk for defects in the plans or specs supplied (or designed by the owner/owner-design professionals) and the CMAR isn’t liable for those defects. This reflects how CMAR structures shift design risk toward the owner, unless the CMAR has taken on independent design responsibility beyond the owner’s plans.