cjanderson66 Posted January 25, 2022 Share Posted January 25, 2022 So I have had this client for sometime now and the delays have gotten out of hand. I need a constant income coming in so I had to take on additional clients. I told my client that I would have to delay their project due to the lack of response. They wrote back short and sweet that they wanted all the files pertaining to the project including emails, renderings and CAD files. Now don't get me wrong as this was a good project and I liked the clients but there were too many red flags continuing and I really didn't need or want this project any longer. Now the question is, Do I give them the plan and layout file only for them to realize that they will not work with any other designer unless they are using CA or are these the rights of mine and I don't send them at all? I don't want to spend my time and convert each sheet to a CAD file just to get them off my back. Oh what to do! Thoughts and input would be helpful. Link to comment Share on other sites More sharing options...
ericepv Posted January 25, 2022 Share Posted January 25, 2022 As source files are the product of my labor and experience, I do not part with them (as is stated in my terms) unless agreed to in advance. You could agree to provide the file for and additional cost (perhaps 50% of project cost?). Link to comment Share on other sites More sharing options...
ForinoCo Posted January 25, 2022 Share Posted January 25, 2022 As a builder, we had a problem with a designer who made repeated mistakes. We contacted the company owner and simply said, we are way too busy to keep stopping projects and losing money on plan errors by a draftsman, how can we obtain rights to the design that we can use to build indefinitely. We were entitled to a "print" or set of prints in PDF form, but not the actual native design files. The owner was very understanding due to the amount of money we had lost in repairs and downtime, so he allowed us to purchase and release indefinitely the design of the townhomes for two thousand and change. We were then able to hire another draftsman to take those designs and tweak what we needed to then produce them in a production format for us. Unless you have a unique contract of some kind I would simply say listen I own the rights tot he design you can take it, unless it is like a homeowner that hired you to design their dream home, I think that situation might be different. Link to comment Share on other sites More sharing options...
CharlesVolz Posted January 25, 2022 Share Posted January 25, 2022 Sounds like you are dodging an iceberg. If you think this client could be dangerous, I would settle ASAP with a signed release reviewed by an attorney. I would give up the plan file stripped of CAD details and other template items, but only a PDF of the layout file stripped of notes and your title block and information, and get whatever compensation you can negotiate, if any. Life is too short. Best, Charles Link to comment Share on other sites More sharing options...
HumbleChief Posted January 25, 2022 Share Posted January 25, 2022 I have a contract clause that states "Upon payment, all printed floor plans and elevations shall become the property of the Owner but all electronic files shall remain the property of the Designer." Not the best wording but the intent is clear enough. Always a bad thing when you have to revert to the verbiage in the contract to settle matters as each client and situation is unique but it could give a starting place for nay negotiations. Link to comment Share on other sites More sharing options...
robdyck Posted January 25, 2022 Share Posted January 25, 2022 I'd gladly give out CAD files of an unfinished floor plan, and at no cost! What's anyone gonna do with them, they'll be complete crap, right? Would you have any use for someone else's unfinished plans in dwg format? Heck no! Emails: they'd already have their email communications with you. It would be a privacy no-no to send them copies of your communications with someone else, unless they want to pay for your time to get signed release from all other parties (and they will not want to pay you for that). Renderings: I'd gladly send them 4 exterior renderings (from each corner) in vector or standard technique. I would not give out a Chief file, nor would I even mention a Chief file. Link to comment Share on other sites More sharing options...
Richard_Morrison Posted January 25, 2022 Share Posted January 25, 2022 2 hours ago, HumbleChief said: I have a contract clause that states "Upon payment, all printed floor plans and elevations shall become the property of the Owner but all electronic files shall remain the property of the Designer." Not the best wording but the intent is clear enough. Always a bad thing when you have to revert to the verbiage in the contract to settle matters as each client and situation is unique but it could give a starting place for nay negotiations. You can do this however you want, but in general, architects are selling a LICENSE for one-time use of a plan. I personally don't have a problem with sending a client the floor plans, and even elevations, of a design because these are not reusable with the type of work that I do. It will have usual disclaimers, of course. However, if you "sell" the details, etc. then the purchaser likely has the right to reuse these to their heart's content, and you no longer have the legal right to reuse your own intellectual capital. Not good. Link to comment Share on other sites More sharing options...
para-CAD Posted January 26, 2022 Share Posted January 26, 2022 I bought Dan Baumann's CA templates. I will never share them with anyone, because then they would have his template for free and that would be stealing. Just like many of you have custom tweaked your plan files....never for sale or shared. You could export to DWG (chief does a somewhat messy job of that) if you felt compelled to give. Otherwise, they are acting like your work product belongs to them. It does not. My clients get a single project PDF in either ARCH D, ANSI D, ARCH C, or ANSI B. Sometimes I send the same plan in different size formats just to give them options. "This too shall pass..." Link to comment Share on other sites More sharing options...
Gawdzira Posted January 26, 2022 Share Posted January 26, 2022 If you release drawings or CADD files, get a release signed first. Here is an example that I came up with based on some similar documents. This has not been reviewed by a lawyer. Feel free to use and edit. https://www.dropbox.com/s/q94bjong5dgtb9f/release of CADD files.odt?dl=0 Link to comment Share on other sites More sharing options...
Electromen Posted January 27, 2022 Share Posted January 27, 2022 I've been an electrical contractor since 1985. Over the years I've had people try to use me for information, codes, design and then try to do it themselves. Some never intended to have me do any work. There is no way I would give up files without full compensation for your work to date. Link to comment Share on other sites More sharing options...
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