I received a phone call this afternoon from a designer asking me if I could forward him the CAD model for a project that I had submitted signed and sealed drawings for plan review.
2 days ago, the municipal department returned a set of drawings with redlines and this client has decided to try to resubmit a revised set of drawings to the municipality around me.
I am concerned about my professional liability for this project. I think that I should only be concerned about the set of drawings that were submitted for permit originally and not resubmitted per plan review comments - if I'm not the architect resubmitting.
Does anyone have any insight or perspective on this?
I plan on contacting the State Board of Registration, in addition to the local municipal department where the plans were submitted.
i'm not really sure what happened, but basically principal said he would do it, for $25,000 (small addition)
client balked.
basically, if i remember his argument, the drawings belong to the architect. by going to someone else, he is terminating your contract. you don't want someone else building your project.
also, i think the standard aia contract provides that architect keeps ownership of drawings and plans.
i don't think you are obligated to hand over a CAD model, let alone CAD file, unless spelled out in your contract.
at best, if you are paid to date and want to wash your hands of the mess, make him draw it from scratch.
most municipalities require any resubmittals per the building department comments to be resigned and sealed by the architect, so they may not even accept them but I would certainly check with them.
we all give cad files to consultants but that's different. like holz stated, you maintain ownership over the drawings and I bet the same goes for the cad file.
I never release an original file to anyone. PDF's are the only thing I give out. And if another designer called me and wanted a electronic file I would of told them to shove off. Then I would have called my client and instructed them about my rules. I've only had two clients try to side step me . One, I put in her place. She claimed she needed to give them to the contractor to "fix"them. The truth was she refuse to communicate with husband and didn't realized they had already been "fixed". The other client I made pay the remaining 50 percent of our contract since he breached it . Because he had gotten a contractor to "finish" my drawings and get a building permit without my knowledge. Protect your hard work. Giving out electronic files should only happen if someone is willing to pay a price for them Otherwise don't do it. It's basic copyright stuff. learn about it Your completely in the right to keep the original files. It's your property
wakeNbuild – Based on experience, I would highly recommend that you send a formal letter to the building department letting them know that you are no longer involved in the project and that any subsequent drawing submissions have not been made under your review. You should also state that you will not be following the project through construction or performing any job site observations. CC the letter to the former client.
Nov 6, 08 8:34 am ·
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Plan Review Comments - resubmitted by another designer/architect
I received a phone call this afternoon from a designer asking me if I could forward him the CAD model for a project that I had submitted signed and sealed drawings for plan review.
2 days ago, the municipal department returned a set of drawings with redlines and this client has decided to try to resubmit a revised set of drawings to the municipality around me.
I am concerned about my professional liability for this project. I think that I should only be concerned about the set of drawings that were submitted for permit originally and not resubmitted per plan review comments - if I'm not the architect resubmitting.
Does anyone have any insight or perspective on this?
I plan on contacting the State Board of Registration, in addition to the local municipal department where the plans were submitted.
we had that happen once.
i'm not really sure what happened, but basically principal said he would do it, for $25,000 (small addition)
client balked.
basically, if i remember his argument, the drawings belong to the architect. by going to someone else, he is terminating your contract. you don't want someone else building your project.
also, i think the standard aia contract provides that architect keeps ownership of drawings and plans.
i don't think you are obligated to hand over a CAD model, let alone CAD file, unless spelled out in your contract.
at best, if you are paid to date and want to wash your hands of the mess, make him draw it from scratch.
most municipalities require any resubmittals per the building department comments to be resigned and sealed by the architect, so they may not even accept them but I would certainly check with them.
we all give cad files to consultants but that's different. like holz stated, you maintain ownership over the drawings and I bet the same goes for the cad file.
thanks, holz.box + crave.
if it were me, i'd notify my professional liability insurance agent too.
Nice addition el jeffe, liability is huge!
well,
after they are redrawn dont they have to be re-stamped anyways? new sheets/etc
I never release an original file to anyone. PDF's are the only thing I give out. And if another designer called me and wanted a electronic file I would of told them to shove off. Then I would have called my client and instructed them about my rules. I've only had two clients try to side step me . One, I put in her place. She claimed she needed to give them to the contractor to "fix"them. The truth was she refuse to communicate with husband and didn't realized they had already been "fixed". The other client I made pay the remaining 50 percent of our contract since he breached it . Because he had gotten a contractor to "finish" my drawings and get a building permit without my knowledge. Protect your hard work. Giving out electronic files should only happen if someone is willing to pay a price for them Otherwise don't do it. It's basic copyright stuff. learn about it Your completely in the right to keep the original files. It's your property
wakeNbuild – Based on experience, I would highly recommend that you send a formal letter to the building department letting them know that you are no longer involved in the project and that any subsequent drawing submissions have not been made under your review. You should also state that you will not be following the project through construction or performing any job site observations. CC the letter to the former client.
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