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Description: Most entities in the modern construction market are familiar with the Spearin doctrine – the general rule that when the Owner provides design plans, it impliedly warrants their adequacy. This concept originated in the federal government contracting context from the 1918 U.S. Supreme Court case U.S. v. Spearin. While the vast majority of states have adopted the Spearin doctrine in both public and private projects, a handful of states have refused to do so. Of that group, the state with the largest market is Texas whose state courts have instead relied upon a 1907 decision from the Texas Supreme Court – Lonergan v. San Antonio Loan & Trust Co. – wherein the court found that any warranty of Owner provided plans must be expressly stated in the contract. However, the Texas legislature recently enacted a new section of the Texas Business & Commercial Code which adopts the general approach in Spearin, albeit with several Texas specific points.
This program will contain a brief primer on the Spearin and Lonergan doctrines followed by an explanation of the new Texas law and its differences from other Spearin jurisdictions as well as discussing questions and potential pitfalls in its application which have yet to be addressed by the courts.
Presenter Bios
Ben Deninger devotes his entire practice to helping clients successfully resolve construction disputes and negotiate transactional construction issues.
Ben has worked with clients at every level of the construction industry including international contractors and engineering firms, public owners, regional developers, specialized materials suppliers, and subcontractors. He has counseled clients on contract drafting and negotiation issues as well as assisting clients with obtaining project financing, the formation of public-private partnerships and corporate compliance matters. Ben has represented clients in both State and Federal Court litigation as well as various alternative dispute resolution forums. His litigation experience spans all phases of a construction dispute including proceedings in front of dispute resolution boards, pre-suit negotiations, discovery issues, motion practice, trial, appeal and alternative dispute resolution.
David Mancini is a partner in the firm’s Construction Practice Group. While David has more than 30 years of experience handling a variety of contract matters and disputes, his primary fields of emphasis are construction, engineering, government contracts and aerospace. As the need for his services often arises during troubled projects, David frequently steps in to work closely with client project teams to understand, assess and respond to issues during performance. These efforts typically help to resolve disputes without the need for litigation.
When litigation is unavoidable, David serves as lead counsel in federal and state courts and arbitration hearings across the U.S., as well in international dispute venues. He has prepared and presented more than 100 such matters. His extensive experience in resolving disputes, large and small, also includes mediation, mini-trials and other alternative-dispute resolution techniques. David also assists clients in contract drafting and negotiations, planning, risk assessments and allocations, business strategy and training.
David has been regularly recognized for his excellent client service in Chambers USA, Best Lawyers in America, Law360 and Super Lawyers as an outstanding attorney. He was also an integral member of law firm practice groups recognized in the exclusive Chambers USA Award for Excellence in Construction, including groups that won top honors in 2008, 2010 and 2012, and similar recognitions for excellence in Legal 500 and Law360 for superior experience and client service.
In today’s business world, there are increasingly large and complex projects that often include complicated technical designs, intense schedules and numerous project participants.
Alternative project delivery systems are increasingly common in many market sectors. David is a leader in understanding these projects and represents clients on all sides, including the assessment and presentation of insurance claims.
David’s government contract representations include affirmative claims on behalf of contractors for changes, delays, disruption and acceleration, as well as the prosecution and defense of terminations for default and convenience. When issues arise that potentially implicate wrongdoing under the False Claims Act, David has experience in leading investigations, often with specialized consultants, so he can provide the client with the best possible advice and recommendations.
 | | Practice Areas: | | Construction Law, Government Contracting | | | Online Media Type: | | Video | | | Production Date: | | 10/20/2022 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Ben Deninger - Troutman Pepper Hamilton Sanders LLP. | | • | David Mancini - Troutman Pepper Hamilton Sanders LLP |
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