Client wants CAD file


cjanderson66
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The only circumstances where I send a DWG are either to an engineer or interior designer working on the project. I also address this problem through an intellectual property clause in my contract:

 

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Consultant reserves the right of ownership and copyright to all documents and drawings produced under this Agreement, and does, by full and timely payment of all fees and expenses due under this Agreement, license the documents and drawings to Client only for their singular use in the construction of the project on the property described herein. Client acknowledges that the use of the documents and drawings produced under this Agreement for more than a single use, and/or on a property not specifically described by PID # or Tax Map # within this Agreement, is unauthorized and constitutes a violation of the intellectual property rights of Consultant. Client does therefore agree to pay Consultant for each unauthorized use an additional sum equal to 200% of the fees and expenses previously paid to Consultant under this Agreement, as well as all collection fees, attorney’s fees, court costs, or other expenses necessary to recover payment for unauthorized use.

 

If Client reuses or makes any modification to Consultant’s designs, documents or work product without the prior written authorization of Consultant, or uses the documents without retaining Consultant, Client agrees, to the fullest extent permitted by law, to release Consultant, its officers, directors, employees and subconsultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from Client’s modification or reuse of the documents.

 

 

In my agreements, I retain ownership of every design I create, and clients pay me for the single use of a design. If someone wants a model they can build repeatedly, we can negotiate licensing terms, or they can pay me an excessive amount for going behind my back.

 

Under no circumstance would I send a plan file to a client. 

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I personally don't share files with clients. I will send a DWG to an engineer or a surveyor, but never to a client. I'd just explain to her that her purchase did not include "CAD files" and you don't send design files to clients. Good luck!

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I take huge down payments (large portion of the overall project) to do prelims so giving them the CAD file is harmless to me. They basically paid for it. Whether you send the CAD files or not some people are smart enough to know that you can import the pdf files you send them for the prelims into AutoCad or other software and have lines ready to use. However, I don't think that has ever been asked to me other than engineer's requesting it.

 

I get it though, why would she want it? Take it to another designer?? If that was to happen you probably dodged a headache anyway and didn't need to work with them.

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Her asking for the CAD file "ASAP' would be a big red flag! If you've already done the work, and it's perfect, why wouldn't she just have asked "When do you think you could have the finished plan done?" I agree with winterdd. Let her take it if she's paid you for your time, etc., pat her on the head on her way out, and be glad it's not your headache now. 

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