“In a landmark decision, this Court held in United States v. Spearin, 248 U.S. 132 (1918) (Spearin), that the federal government impliedly warrants to bidding contractors that a government furnished design is free from defects.”
“The questions presented are:”
1. “Does the government impliedly warrant under Spearin that a government-furnished concept design for a design-build project is free from defects?”
2. “If the Spearin implied warranty applies, was it breached when a design feature in the government-furnished design that the government accepted and upon which the contractor relied during bidding turned out to be erroneous?”
