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?

Does the government impliedly warrant under Spearin that a concept design for a design-build project is free from defects, and if so, was the implied warranty breached when an erroneous design feature was accepted by the government?