Hi Archinect community! My name is Sergio Peralta and I am a freelance designer from San Diego, Ca
For the past year I have been working on a new residential proyect in which I designed, created construction documents and Project Managed. Due to unfortunate circumstances, my client had to sell the property, even after he paid me and all my consultants in full and paid to initiate the review process. The new owner, an investor, wants to regain control of the project and build it.
My question is, does the new owner have rights to the project or do I have the right to sell the project to the new owner. I have no insight on the terms of sell of the property (I'm working on it), but I am curious to know what can I do in this situation.
Thank you everyone in advance for your response.
chigurh
Nov 7, 17 4:30 pm
read your contract
thisisnotmyname
Nov 7, 17 5:05 pm
a) read your contract to see what you agreed to regarding ownership/rights to use the drawings and transferability of those rights to others, i.e. did you give your client the right to sell the plans to the new property owner?
b) ownership of the site does not necessarily mean that the new owner owns or gets to use your drawings, unless they properly acquired them from your former client (see item a above)
c) whatever you agreed to, you can contact the new owner and contract with them for you to assist with their realization of the scheme.
JLC-1
Nov 8, 17 3:09 pm
new owner, new contract - but just for approvals and ca. looks like design and cd's are paid already.
ecnal
Nov 8, 17 11:27 pm
In australia, the new owner would have the right to use your drawings unless written otherwise in the contract. What do your local copyright laws, and your contract say?
Hi Archinect community! My name is Sergio Peralta and I am a freelance designer from San Diego, Ca
For the past year I have been working on a new residential proyect in which I designed, created construction documents and Project Managed. Due to unfortunate circumstances, my client had to sell the property, even after he paid me and all my consultants in full and paid to initiate the review process. The new owner, an investor, wants to regain control of the project and build it.
My question is, does the new owner have rights to the project or do I have the right to sell the project to the new owner. I have no insight on the terms of sell of the property (I'm working on it), but I am curious to know what can I do in this situation.
Thank you everyone in advance for your response.
read your contract
a) read your contract to see what you agreed to regarding ownership/rights to use the drawings and transferability of those rights to others, i.e. did you give your client the right to sell the plans to the new property owner?
b) ownership of the site does not necessarily mean that the new owner owns or gets to use your drawings, unless they properly acquired them from your former client (see item a above)
c) whatever you agreed to, you can contact the new owner and contract with them for you to assist with their realization of the scheme.
new owner, new contract - but just for approvals and ca. looks like design and cd's are paid already.
In australia, the new owner would have the right to use your drawings unless written otherwise in the contract. What do your local copyright laws, and your contract say?