Ironically, some of the most technologically advanced professionals — architects and engineers — frequently fail to think about their professional liability risks created by the technology used during the construction process.
For example, a escalating trend for the last 10 years has been for clients to demand design professionals deliver their computer aided design CAD files both during the design phase and along with final, sealed construction documents. This trend will only continue because CAD systems, previously cost-prohibitive, have become readily available to virtually everyone involved in the construction industry. Clients and other third parties know that a design professional can now simply click and send their entire CAD file to virtually anyone in a matter of seconds.
That simple click-and-send step, however, can have serious legal consequences for unwary design professionals who have failed to negotiate strong contracts or obtain signed releases and indemnity agreements. CAD systems have changed the construction process. They provide an efficient platform to facilitate the entire construction process. Changes during the concept and design phase, or changes need in the field during the construction phase, can be made quickly and easily.
CAD files, however, now make duplication and manipulation of designs relatively easy for anyone with access to the files, creating significant copyright issues for the design professional as well. So what steps can a design professionals take to mitigate their professional risk from sharing CAD files and protect their copyrights? Unfortunately, there is virtually no case law or statutes, and few industry standards, setting forth the standard of care for professionals who voluntarily or contractually chose to deliver CAD files to client or third party.
Failure of one rendering professional services to exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury, loss or harm to the recipient of those services or to those entitled to rely upon them.
It is any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practice, or illegal or immoral conduct. Just like old-school blueprints, CAD files are copyrighted instruments of service. Release of CAD files, therefore, is a matter that can, and should, be specifically negotiated in advance between the parties. CAD files fall under the category of drawings.
Under a standardized agreement, the architect has the right to claim back all drawings, keeps all copyright, and can file a claim if they are used in the future. The architect is being courteous.
He doesn't need to offer anything after termination, and he can go ahead and claim back his drawings, even the ones in the hands of the owner and builder. Yep, whatever the contract says. Most likely the architect retains copyright on the design and the builder only has a "one time license" to use the design for this specific project. So having the cad files without any legal ability to build the design again is pretty worthless.
Of course, the CAD files can benefit the builder during construction, probably, so they can change everything you've drawn. You really shouldn't sign a contract requiring you to hand over cad files unless the use of them is very clear. I was in somewhat similar situation once and had to politely tell the Owner they had no legal right to CAD files. Like lr giv up said above: standard contracts are a nice thing.
And very affordable, even if you're not AIA. Have some experience with this. According to US Copyright Law the work belongs to you exclusively. Disputes which concern the rights to documentation can be complex and are likely to need legal advice. By using an architect a client can be assured that they are dealing with someone appropriately qualified, experienced and insured. An Interim Certificate will be issued by an architect during the course of construction to confirm that work has been done to their satisfaction and that the client should make a stage-payment to the contractor.
A Practical Completion Certificate will mark the conclusion of the construction notwithstanding latent defects and transfer the possession of the building to the client; and a Final Completion Certificate will be issued by the architect when the contract has been fully and properly completed. You may want to take legal advice on whether it is an appropriate document for your requirements.
It may be that the person you have engaged to carry out the architectural work is not an architect and therefore the ARB cannot investigate your complaint. However, you should check to see if the individual is a member of another organisation as they may fall under the jurisdiction of another body. This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Architects Registration Board. Frequently Asked Questions. Can an architect guarantee planning permission? So your choices are to contract and control results that way think software sales , or get paid enough it does not matter to you think volume retail sales , or never send an editable file out ever Christmas Window Display at your favorite expensive retail store and issue PDF files.
Perhaps you could add some hidden elements to your blocks, invisible attributes or some minature text which can be found if you know what you're looking for, but doesn't impact on how the block reference appears?
I made a program to attach information to selected entities. I use it to attach copyright information to the entities in my drawings. It doesn't stop people from stealing, but its harder to remove the notices. Occaisonally I'll get a drawing back that has my info in it. There's a phrase in copyright law that may apply You might want to review this article about Work for Hire.
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