No. 25-560

Sheffield Korte Joint Venture v. Daniel P. Driscoll, Secretary of the Army

Lower Court: Federal Circuit
Docketed: 2025-11-07
Status: Denied
Type: Paid
Response Waived
Tags: contract-law design-build government-contract government-liability implied-warranty spearin-doctrine
Latest Conference: 2026-01-09
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-10
DISTRIBUTED for Conference of 1/9/2026.
2025-12-03
Waiver of Federal Respondents of right to respond submitted.
2025-12-03
Waiver of right of respondent Federal Respondents to respond filed.
2025-11-05
Petition for a writ of certiorari filed. (Response due December 8, 2025)

Attorneys

Federal Respondents
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sheffield Korte Joint Venture
Michael Elliot WilsonUB Greensfelder LLP, Petitioner
Michael Elliot WilsonUB Greensfelder LLP, Petitioner