Spearin and the Standard of Care: How Good Does a Design Have to Be?

Many construction projects result in allegations of insufficient design by the architect or engineer, or defective drawings and specifications, and the resulting finger-pointing and claims can be costly, stressful, and fatal to good business relationships.

But just how good does a given design have to be to be consistent with applicable contractual provisions and applicable caselaw?

The answers are found in the language of the owner-design professional agreement for professional services, and within an important concept called the Spearin Doctrine.

Join Kevin O’Beirne to explore these concepts, discuss who decides when a design or its associated professional services are truly insufficient, and examine how these principles were applied in two recent, notable court decisions.

TAKEAWAYS:

• Identify the location of and typical language of the standard of care and the potential consequences of accepting an elevated standard of care..
• Explain the origins and meaning of the Spearin Doctrine
• Discuss the differences between the standard of care and the Spearin Doctrine.
• Understand who determines when the standard of care or Spearin Doctrin has been violated.
• Discuss the application of the standard of care and the Spearin Doctrine as interpreted in recent court cases.