The proposed bill, H.B. No. 2025-2026, seeks to enact section 4113.63 of the Revised Code to codify the Spearin doctrine in public construction contracts. This section establishes that when a contractor enters into a construction contract with an owner who provides all necessary plans and specifications, there is an implied warranty that these documents are accurate and sufficient for the project's completion. The bill outlines specific conditions under which a contractor or subcontractor would not be liable for damages resulting from defects in the provided plans, including the requirement that the contractor must have followed the plans precisely and that the reliance on these plans was reasonable.
Additionally, the bill specifies circumstances that would render a contractor's reliance on the plans unreasonable, such as if the plans are clearly inadequate or if a reasonable inspection would have revealed defects. It also clarifies that contractual provisions requiring site visits do not negate the implied warranty, and any clauses that contradict this section are deemed void as against public policy. Overall, the bill aims to protect contractors and subcontractors from liability when they rely on the plans and specifications provided by the project owner.