A short history of the Spearin Doctrine The Spearin Doctrine, or the doctrine of implied warranty of adequacy, is one of most basic tenets of construction law. It was first established in United States v. Spearin (248 U.S. 132) in 1918. Matthew DeVri

Contract provisions can override the general rule. General contractors are not usually held responsible for the well-being of the employees of subcontractors. There are, however, exceptions, as Kent Holland explains in an article in ConstructionRisk.

The unchecked power of Federal agencies is a far greater threat to our democracy than most people realize By Don Wallis I’ve expressed my concern that, given Congress’ long standing refusal to pass meaningful legislation, presidents have filled t

A California court rules that contract language take precedence over the doctrine of equitable indemnity. The California Court of Appeals for the First District clarified how courts, at least in California, will interpret indemnity provisions in cons

The Ninth Circuit rejects an excess insurer’s arguments that it’s not liable for a claim against the insured and the primary insurer. It is accepted that insurers will examine the contractual language of their policies and the underlying facts su

No one is to be held responsible for budget overruns for a VA hospital that will cost three times its original estimated amount The Department of Justice, the U.S. Congress, and both the last Administration and the current one have addressed the Depa

Illinois Appellate Court rules in favor of defendant in a quantum meruit claim. Brandon Carter, writing in the ABA’s The Dispute Resolver, discusses an Illinois Appellate Court case, Archon Construction Co. v. U.S. Shelter , 2017 IL App (1st) 15340

“The conference submissions we received and the conference developed by our outstanding advisory board stand to make this the best CSC ever,” says Conference Director Kevin Gaffney. Scheduled for December 4-6 at the Encore at the Wynn Hotel in La

The answer is based upon one’s perspective Now that Mr. Trump is president his actions and the actions of the executive branch of the government continue to drive political and administrative activity in Washington. The opinions of political analys