Sheffield Korte Joint Venture v. Daniel P. Driscoll, Secretary of the Army
Does the government impliedly warrant under Spearin that a concept design for a design-build project is free from defects, and if so, was the implied warranty breached when an erroneous design feature was accepted by the government?
In a landmark decision, this Court held in United States v. Spearin, 248 U.S. 132 (1918) (Spearin), that the federal government impliedly warrants to bidding contractors that a governmentfurnished design is free from defects. The questions presented are: 1. Does the government impliedly warrant under Spearin that a concept design for a design-build project is free from defects? 2. If the Spearin implied warranty applies, was it breached when a design feature in the design that the government accepted and upon which the contractor relied during bidding turned out to be erroneous?