I have a commercial project in the office currently. The developer (my client) made a decision to switch architects. One member of the developer team has a long relationship with another architect and they wish to use them for the construction documents. I can't blame them as the other firm has a long history of commercial projects. The project also started as a unique design and has since moved to a much more bland and generic commercial building due to zoning requirements and cost. Which means I'm much less motivated to work on it and the other architect is probably a better fit having done many of these generic commercial buildings. The client asked me to send them all my electronic files for this other architect.
Has anyone been in a similar type of situation? I am debating the liability risk of transferring my drawings to another architect (even with a signed release of liability and payment for my electronic files in hand). The client has PDF and print copies of the SD pricing set already. I'm debating saying that I'm not interested in transferring any electronic CAD files at all. However, I don't want to burn the bridge or make a mountain out of a mole hill.
I should note that the developers are "shrewd" businessmen and I made sure they paid me up front for my work as I did not trust them to pay if things didn't pan out they way the intended. Besides some cash I don't seem to gain much in the transaction. Maybe there would be some future work with this developer, but most of their work is not the type of design I'm interested (strip malls) and their style of business isn't always on the up and up...not exactly what I'm looking for.
I don't think there is any risk involved in transferring your files to a new architect.
I'm sure there is a long e-mail and paper trail leading up to the transfer in question, and you should just explicitly state that your role in the project was through schematic design, which has not been reviewed for zoning/building code compliance and any work moving forward in DD-CD capacity is not in your scope.
I think this is fairly common. In addition, if the new architect already has PDF files, they can just convert them to CAD files in illustrator or trace the files. Anyway you look at it they are going to start with your original schematic design. Giving them the CAD files just makes their lives easier.
If you want to give give original developer and new architect a mild "fuck off" , then you should withhold the files.
You can't build a preliminary design, no permits were issued, I'd say your liability is near zero. Essentially the "shrewd" guys are buying out your contract and starting over with someone else. I'd be laughing all the way to the bank.
I am embroiled in a similar situation, however, I was not informed but instead found my drawings published in a press release and another architect assumed credit. Is there an industry standard rate for conveyance of copyright and/or moral ?
IIn the United States, you're protected by the Architectural Works Copyright Protection Act of 1990. Even if you haven't registered your plans, you have some protection, but registration enhances your position, and can be done even after you become aware of the violation. Monetary remedy for violation can be substantial, and physical remedy can involve altering or even tearing down violating structures. I'm not aware of any industry standards for conveyance, but since this is after the fact, you could get a ballpark idea of potential award and negotiate from there.
This is a pretty specialized area of law, so getting advice from an attorney with significant experience is advisable.
Architectcolorado, you own these instruments, your client has what he paid for, the PDFs, you don't need to provide them with anything else, so get paid for these files, and make them indemnify you from any issues that come up, and even when you do that, just give them a floor plan, so that at least you're assured of some integrity of design.
But, let me ask this, if I were to say to you, wh do I need an architect, when my friend, who is an interior designer, can design my home, what would you say? Chances are, and I know, because I just did this, you'd explain that your expertise provides a measure of safety, and your expertise in design will provide the person what they are looking for in a home that an interior designer can't offer. Point is, you're asking for legal advice from architects, who one, may or may not live in your start, two, may or may not have your exact experience, and three, tend to respond more from an emotional position, the way I did than from a legal position.
Feb 7, 14 6:24 am ·
·
Block this user
Are you sure you want to block this user and hide all related comments throughout the site?
Archinect
This is your first comment on Archinect. Your comment will be visible once approved.
Drawing transfer to another architect after SD phase
I have a commercial project in the office currently. The developer (my client) made a decision to switch architects. One member of the developer team has a long relationship with another architect and they wish to use them for the construction documents. I can't blame them as the other firm has a long history of commercial projects. The project also started as a unique design and has since moved to a much more bland and generic commercial building due to zoning requirements and cost. Which means I'm much less motivated to work on it and the other architect is probably a better fit having done many of these generic commercial buildings. The client asked me to send them all my electronic files for this other architect.
Has anyone been in a similar type of situation? I am debating the liability risk of transferring my drawings to another architect (even with a signed release of liability and payment for my electronic files in hand). The client has PDF and print copies of the SD pricing set already. I'm debating saying that I'm not interested in transferring any electronic CAD files at all. However, I don't want to burn the bridge or make a mountain out of a mole hill.
I should note that the developers are "shrewd" businessmen and I made sure they paid me up front for my work as I did not trust them to pay if things didn't pan out they way the intended. Besides some cash I don't seem to gain much in the transaction. Maybe there would be some future work with this developer, but most of their work is not the type of design I'm interested (strip malls) and their style of business isn't always on the up and up...not exactly what I'm looking for.
Thoughts?
I don't think there is any risk involved in transferring your files to a new architect.
I'm sure there is a long e-mail and paper trail leading up to the transfer in question, and you should just explicitly state that your role in the project was through schematic design, which has not been reviewed for zoning/building code compliance and any work moving forward in DD-CD capacity is not in your scope.
I think this is fairly common. In addition, if the new architect already has PDF files, they can just convert them to CAD files in illustrator or trace the files. Anyway you look at it they are going to start with your original schematic design. Giving them the CAD files just makes their lives easier.
If you want to give give original developer and new architect a mild "fuck off" , then you should withhold the files.
You can't build a preliminary design, no permits were issued, I'd say your liability is near zero. Essentially the "shrewd" guys are buying out your contract and starting over with someone else. I'd be laughing all the way to the bank.
I am embroiled in a similar situation, however, I was not informed but instead found my drawings published in a press release and another architect assumed credit. Is there an industry standard rate for conveyance of copyright and/or moral ?
thank you for any assistance.
laura -
IIn the United States, you're protected by the Architectural Works Copyright Protection Act of 1990. Even if you haven't registered your plans, you have some protection, but registration enhances your position, and can be done even after you become aware of the violation. Monetary remedy for violation can be substantial, and physical remedy can involve altering or even tearing down violating structures. I'm not aware of any industry standards for conveyance, but since this is after the fact, you could get a ballpark idea of potential award and negotiate from there.
This is a pretty specialized area of law, so getting advice from an attorney with significant experience is advisable.
Architectcolorado, you own these instruments, your client has what he paid for, the PDFs, you don't need to provide them with anything else, so get paid for these files, and make them indemnify you from any issues that come up, and even when you do that, just give them a floor plan, so that at least you're assured of some integrity of design.
But, let me ask this, if I were to say to you, wh do I need an architect, when my friend, who is an interior designer, can design my home, what would you say? Chances are, and I know, because I just did this, you'd explain that your expertise provides a measure of safety, and your expertise in design will provide the person what they are looking for in a home that an interior designer can't offer. Point is, you're asking for legal advice from architects, who one, may or may not live in your start, two, may or may not have your exact experience, and three, tend to respond more from an emotional position, the way I did than from a legal position.
Block this user
Are you sure you want to block this user and hide all related comments throughout the site?
Archinect
This is your first comment on Archinect. Your comment will be visible once approved.