I was recently questioned about whether or not I would be interested taking on a residential job for a client who fired their previous architect due to the previous architect's unwillingness / stubbornness to make changes to the design they had created.
The client has pdfs of the floor plan, at a schematic design level, which they generally like, but want to make changes to.
I gave pause due to not being sure where the line of intellectual property rights falls on a project when one architect starts a project, gets fired, then the client wants another architect to pick up where they left off.
Has anyone had experience in navigating a situation such as this? Is it someone to run from? Does there have to be a written release from the previous architect? Does the client need to be told that the design process needs to start over from a similar basic general concept as the design they liked?
A lot will depend on the contract, and the relationship, that exists between the client and the original design firm.
Our firm fairly often is asked to take over a project screwed up by a firm not well versed in our specialty. We generally won't do so without the owner first obtaining a formal written release from the other design firm -- usually that means the owner must settle up financially with the fired firm before such release is provided. We also require the owner to provide us an ironclad indemnity against any legal action that might be taken against us by the fired firm.
My best advice -- consult an attorney experienced in these matters.
Taking over a project and intellectual property rights...
I was recently questioned about whether or not I would be interested taking on a residential job for a client who fired their previous architect due to the previous architect's unwillingness / stubbornness to make changes to the design they had created.
The client has pdfs of the floor plan, at a schematic design level, which they generally like, but want to make changes to.
I gave pause due to not being sure where the line of intellectual property rights falls on a project when one architect starts a project, gets fired, then the client wants another architect to pick up where they left off.
Has anyone had experience in navigating a situation such as this? Is it someone to run from? Does there have to be a written release from the previous architect? Does the client need to be told that the design process needs to start over from a similar basic general concept as the design they liked?
A lot will depend on the contract, and the relationship, that exists between the client and the original design firm.
Our firm fairly often is asked to take over a project screwed up by a firm not well versed in our specialty. We generally won't do so without the owner first obtaining a formal written release from the other design firm -- usually that means the owner must settle up financially with the fired firm before such release is provided. We also require the owner to provide us an ironclad indemnity against any legal action that might be taken against us by the fired firm.
My best advice -- consult an attorney experienced in these matters.
quizzical for the win, again.
sound advice, thanks.
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