5.3.1.6.1 Implied Warranties

• Jurisdiction: Arizona

As previously noted, the construction contract (usually drafted by the owner) generally makes no express representations by an owner as to the accuracy or suitability of the plans and specifications. However, the courts have fashioned a rule that when an owner furnishes plans and specifications to a contractor, the owner is deemed by law to impliedly warrant to the contractor that the plans and specifications are accurate and suitable for their intended use on the project and are free of defects. This rule was first announced in United States v. Spearin,^[134] where the United States Supreme Court held that if the contractor is bound to build the project according to the plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of the defects in plans and specifications.^[135] The responsibility of the owner is generally not overcome by the usual clauses requiring the contractor to visit and inspect the site, to check the plans, and to inform himself of the work requirements.^[136]

The implied warranty of suitability of the plans and specifications has been recognized in...