A Construction Lawyer Looks at the Legal Aspects of Constructability

by Thomas N. Frisby, Frisby Group,



Document Type: Proceeding Paper

Part of: Excellence in the Constructed Project

Abstract: The purpose of this article is to set the legal and contractual frame of reference of constructibility by discussing some of the major factors which give to legal disputes or bad jobs arising out of constructibility issues. The first legal issue of constructibility is the so-called 'Spearin Doctrine' whereby an owner warrants the adequacy of the design in prescription type specifications. Although accurate statistics are not available, a substantial number of disputes arise over 'Mother Earth' or differing site conditions also discussed are specification standards, estimated quantities, and decision making.

Subject Headings: Dispute resolution | Construction sites | Frames | Owners | Statistics | Standards and codes

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