I was contacted by a potential client who came to us after a recommendation from a builder who knows us well and we have worked with before. The new client wanted to discuss a 2,500 SF new home project that had been through SD with another Architecture firm. They are looking to change firms (Still trying to gauge why). I wanted to get everyone's thoughts on taking over the project. I am looking to do this in a way that fully fulfills my legal and ethical responsibilities to the prior firm.
My thought is that I will have the owner obtain a formal written release from the other design firm. Since the project only progressed to SD I am not too worried about liability for any mistakes made by the prior firm as I am going to have to go through the design with a fine-toothed comb anyway to ensure everything complies with the code.
Beyond the formal written release which would allow us and the owner to progress their original design from the prior architect is there anything else I should do to protect myself from copyright infringement?
We get this type of request often. Sometimes we agree, sometimes we refuse. The main issue to address is always why is the client is switching? Cheaper, disgruntled, difficult to work with, etc... you need to know what baggage the project is coming with. Second issue is scope of work. Are you expected to take the work and just do what's required for permit/cd? If so, then that's a typical hard no. We never take this type of project and actually turned down 3 such projects 4 days ago (no joke, we did and turned down over 100k worth of fees).
We only really want these types of projects if we can start over.
I have done similar several times, and with every one I eventually learned that it was a client issue, not an architect issue. One, I recently heard, is now on architect/designer number 5, still chasing her dreams and blaming everyone else for not being able to make it happen.
If you decide to move forward, I believe the only ethical and legally responsible way is to start over completely from scratch.
A lot of times the materials the client brings you from the previous architect were not fully paid for. That can include things the original architect provided and expected reimbursement for, like the land survey, soils reports, etc. Many architect-switcher clients will stiff the old architects on their last invoice when they move on to the new one.
To be sure that you won't be getting ditched at some point, you really have to reach out to the old architect and learn their side of the story. Or just don't take on the project.
In my jurisdiction, the previous architect must write a letter to the professional association to state that another architect is taking over. Typically this requires the second architect to reach out directly to the first.
From my personal experience, if It didn't work out with previous architect, its usually because of the client and I consider those projects red flags. My fees for undertaking someone else's project over is considerably higher and It includes a clause that schematic design will be reset and restarted and no drawings or designs of previous architect will be used, whether they have the rights to them or not.
Taking over project from Another Firm.
Hello All,
I was contacted by a potential client who came to us after a recommendation from a builder who knows us well and we have worked with before. The new client wanted to discuss a 2,500 SF new home project that had been through SD with another Architecture firm. They are looking to change firms (Still trying to gauge why). I wanted to get everyone's thoughts on taking over the project. I am looking to do this in a way that fully fulfills my legal and ethical responsibilities to the prior firm.
My thought is that I will have the owner obtain a formal written release from the other design firm. Since the project only progressed to SD I am not too worried about liability for any mistakes made by the prior firm as I am going to have to go through the design with a fine-toothed comb anyway to ensure everything complies with the code.
Beyond the formal written release which would allow us and the owner to progress their original design from the prior architect is there anything else I should do to protect myself from copyright infringement?
Appreciate all of your thoughts and insights!
We get this type of request often. Sometimes we agree, sometimes we refuse. The main issue to address is always why is the client is switching? Cheaper, disgruntled, difficult to work with, etc... you need to know what baggage the project is coming with. Second issue is scope of work. Are you expected to take the work and just do what's required for permit/cd? If so, then that's a typical hard no. We never take this type of project and actually turned down 3 such projects 4 days ago (no joke, we did and turned down over 100k worth of fees).
We only really want these types of projects if we can start over.
I have done similar several times, and with every one I eventually learned that it was a client issue, not an architect issue. One, I recently heard, is now on architect/designer number 5, still chasing her dreams and blaming everyone else for not being able to make it happen.
If you decide to move forward, I believe the only ethical and legally responsible way is to start over completely from scratch.
A lot of times the materials the client brings you from the previous architect were not fully paid for. That can include things the original architect provided and expected reimbursement for, like the land survey, soils reports, etc. Many architect-switcher clients will stiff the old architects on their last invoice when they move on to the new one.
To be sure that you won't be getting ditched at some point, you really have to reach out to the old architect and learn their side of the story. Or just don't take on the project.
In my jurisdiction, the previous architect must write a letter to the professional association to state that another architect is taking over. Typically this requires the second architect to reach out directly to the first.
ahh- the SFR market. Hard no for me, unless the fees are fat as f****
From my personal experience, if It didn't work out with previous architect, its usually because of the client and I consider those projects red flags. My fees for undertaking someone else's project over is considerably higher and It includes a clause that schematic design will be reset and restarted and no drawings or designs of previous architect will be used, whether they have the rights to them or not.
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