When the Government issues drawings and specifications for use on a Contract, the Government makes an implied warranty that the drawings and specifications are suitable for their intended purpose.
- U.S. v. Spearin, 248 U.S. 132;
- Consolidated Diesel Electric Corp., ASBCA No. 10486, 67-2 BCA ¶6,669 (1967);
- Radionics, Inc., ASBCA No. 22727, 81-1 BCA ¶15,011 (1981);
- Samuel W. Poorvu v. U.S., 190 Ct. Cl. 640, 420 F.2d 993
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- The warranty is implied because the Government has undertaken the responsibility for supplying the drawings and specification
Consolidated Diesel, supra.
The Government’s implied warranty attaches whether or not the Government actually prepared the drawings and specifications.
North American Phillips Co. v. U.S., 175 Ct. Cl. 71, 358 F.2d 980 (1966).
A Contractor, as part of the Equitable Adjustment for defective drawings and specifications, is entitled to be compensated for the costs and delays incurred as a result of working in accordance with the defective drawings and specifications.
Beylik Drilling, Inc., IBCA No. 747-12-68, 70-1 BCA ¶8,126 (1970).
Also, as part of the Equitable Adjustment, the Contractor is entitled to be compensated for the costs incurred in resolving the defects, and implementing the corrections.
- G.W. Galloway Co., ASBCA Nos. 17436, 17723, 17836, 17911, 18324, 77-2 BCA ¶12,640 (1977);
- Baifield Industries, Div. of A-T-O, Inc., ASBCA No. 18057, 77-1 BCA ¶12,348 (1977)
An Equitable Adjustment for defective drawings and specifications is to include labor, burden, materials, overhead, and profit.
Gaffney Plumbing & Heating Corp., VABCA No. 1820, 86-2 BCA ¶18,987 (1986).
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