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HB 605

Codify the Spearin doctrine in public construction contracts

136th Legislature (2025-2026) Introduced by Thad Claggett and 1 co-sponsor

HB 605 codifies the Spearin doctrine in Ohio public construction, legally protecting contractors from liability for owner-provided design defects and shifting financial responsibility to public entities.

Referred to committee
#economicdevelopment #stateandlocalgovernment
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Bill Summary · HB 605

Legislative bill overview

HB 605 would codify the Spearin doctrine into Ohio law for public construction contracts. The Spearin doctrine is a legal principle that holds contractors not responsible for defects in design specifications provided by the project owner, shifting design liability back to the owner/designer rather than the contractor.

Why is this important

This bill would provide clearer legal protections for construction contractors on public projects by establishing statutory protection against design defect claims. It could reduce contractor costs by limiting their liability exposure, though it simultaneously shifts more financial risk onto public entities (government agencies) and design professionals who must absorb losses from faulty specifications.

Potential points of contention

  • Fiscal impact on public entities: Ohio municipalities and state agencies could face increased costs when design flaws occur, as they lose the ability to pursue contractors for design-related failures
  • Consumer/taxpayer burden: Defects from poor design specifications may result in higher public project costs or delays, potentially increasing taxes or reducing project quality
  • Contractor accountability limits: Critics may argue this reduces incentives for contractors to flag obvious design problems or suggest improvements, even when they identify issues
  • Compatibility with existing contracts: Questions about how this applies retroactively or to existing bidding practices and bonding requirements
  • Design professional insurance implications: May significantly impact professional liability insurance markets and costs for architects/engineers working on public projects

Compiled from official sources — confirm details with the bill’s official record.

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