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• Title: Al Johnson Construction Co. v. United States
• Author : United States Court of Appeals for the Federal Circuit
• Release Date : January 18, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

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NICHOLS, Senior Circuit Judge. This contract appeal arises under a construction contract awarded as long ago as 1973 by the Army Engineers, with performance date extended to January 2, 1978, but the original dispute was converted to claims under the Contract Disputes Act of 1978, 41 U.S.C. § 601 and ff. The contractor elected to appeal to the Corps of Engineers Board of Contract Appeals under section 606 the unfavorable portions of the contracting officer's decision. The board's decision, Al Johnson Construction Co., ENG BCA Nos. 4078, 4818, 87-3 BCA (CCH) para. 19,980 (July l3, 1987), allows the claims in part, but rejects the largest portion, and the appeal here is not accompanied by any government cross-appeal. The issues are mostly factual, as to which our scope of review is limited as stated in 41 U.S.C. § 609(b)** and in Erickson Air Crane Co. v. United States, 731 F.2d 810, 814 (Fed.Cir. 1984). There is an important legal issue novel to this court, and apparently to the board and parties, as to the proper scope and application of the Spearin doctrine (United States v. Spearin, 248 U.S. 132, 63 L. Ed. 166, 39 S. Ct. 59 (1918)). According to Spearin, if a construction contractor is bound by contract to build according to plans and specifications provided by the owner, he will not be responsible for the consequences of defects in the plans and specifications. On the contrary, there is an ""implied warranty"" (248 U.S. at 137) that ""if the specifications were complied with "" (emphasis supplied), the work would be adequate. The implied warranty is not overcome by the customary self-protective clauses the government inserts in its contracts, as in Spearin itself, requiring the contractor to examine the site, to check the plans, and to assume responsibility for the work, including its safekeeping, until completion and acceptance. The Spearin doctrine is much alive today, and we have recently had occasion to extend and apply it in a case other than a construction contract dispute. USA Petroleum Corp. v. United States, 821 F.2d 622 (Fed.Cir. 1987).

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