A contractor built a new office tower for the project owner…

A contractor built a new office tower for the project owner under a design-bid-build project delivery method.  Although the contractor followed the plans and specifications exactly, almost every window on the building quickly developed leaks near the window sill and caused water damage and mold issues behind the walls.  The project owner is irate and threatening to bring both the contractor and the lead designer to court.  Upon investigation, the contractor determined that the leaks were due to the architect’s defective design of the window sill flashing.  In other words, the contractor built exactly what was shown on the plans, but the design on the plans was not correct.  Which legal concept is the contractor’s strongest argument for why the designer should be liable to the owner, and not the contractor? The basis for the Spearin Doctrine is that when contractors are bound to build according to the plans and specifications provided by the owner, the contractor should not be responsible for damages that, through no fault of his own, occur when said plans and specifications are defective.

 I have neither witnessed nor participated in any dishonest…

 I have neither witnessed nor participated in any dishonest work during this exam.  If you have witnessed or participated in dishonest work during the exam, please email your course faculty at your earliest convenience.  Answer YES: “I witnessed or participated in dishonest work and plan to email my course faculty member” Answer NO: ” “I did not witness or participate in dishonest work during this exam”