Supreme Court of the United States · Official docket →
Sheffield Korte Joint Venture v. Daniel P. Driscoll, Secretary of the Army
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2024-1134 · judgment May 22, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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 governmentfurnished design is free from defects. The questions presented are:
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Does the government impliedly warrant under Spearin that a government-furnished concept design for a design-build project is free from defects?
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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?
Counsel of record
For petitioner
Michael Elliot Wilson
UB Greensfelder LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 03 2025Waiver of right of respondent Federal Respondents to respond filed.
- Nov 05 2025Petition for a writ of certiorari filed. (Response due December 8, 2025)