❌ HB605
Codify the Spearin doctrine in public construction contracts
Summary
This bill codifies the Spearin doctrine in public construction contracts, establishing an implied warranty by the owner that the plans and specifications provided are accurate and sufficient for project completion. It limits contractor liability for damages arising from defects in the plans if certain conditions are met, including reasonable reliance on the provided plans. Additionally, it voids any contractual clauses that contradict this section.
Rationale
The bill supports the principles of contract enforcement and liability limitations, which align with the Libertarian emphasis on property rights and voluntary agreements. However, it also introduces government-defined standards that may conflict with the Libertarian preference for minimal government intervention in contracts.
Risks and Concerns
- Potential for increased government involvement in private contracts
- May create ambiguity in contractor responsibilities