Author Topic: Who Owns the Files?  (Read 5458 times)

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M-dub

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Re: Who Owns the Files?
« Reply #15 on: August 23, 2007, 09:38:56 AM »
Well, for us, it's not house plans that we're getting... they're wiring diagrams and cabinet layouts and this stuff is never the "Set it and Forget it" type thing.  Modifications, additions and relocations are always being made and getting the drawings makes life so much easier.  Sure, we COULD redraw everything from scratch, but come on, give your (no on in particular) head a shake and think about what makes sense here!

vinnyg

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Re: Who Owns the Files?
« Reply #16 on: August 23, 2007, 09:56:02 AM »
Maybe I didn't make myself clear enough. The Architect created the drawing files on Cad 10 years ago
and now the Owner wants to make modifications to the building(s) without having to recreate the
Cad drawings from scratch. It is of course (without saying) that it would be a lot faster and less
expensive to take the original Cad files and modify them as necessary to remodel the building(s).

Maybe it wasn't in the original contract that the owner is entitled to the Cad files, but after 10 years
it seems reasonable that if the owner pays extra for the files, he should get them. Right?

Vinny

Josh Nieman

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Re: Who Owns the Files?
« Reply #17 on: August 23, 2007, 10:02:00 AM »
Maybe I didn't make myself clear enough. The Architect created the drawing files on Cad 10 years ago
and now the Owner wants to make modifications to the building(s) without having to recreate the
Cad drawings from scratch. It is of course (without saying) that it would be a lot faster and less
expensive to take the original Cad files and modify them as necessary to remodel the building(s).

Maybe it wasn't in the original contract that the owner is entitled to the Cad files, but after 10 years
it seems reasonable that if the owner pays extra for the files, he should get them. Right?

Vinny

Well that's up to whoever makes the decision.. if he pays for them yea... I don't see a reason not to sell the use of 'em.

M-dub

  • Guest
Re: Who Owns the Files?
« Reply #18 on: August 23, 2007, 10:11:58 AM »
Maybe it wasn't in the original contract that the owner is entitled to the Cad files, but after 10 years
it seems reasonable that if the owner pays extra for the files, he should get them. Right?

Yeah, I would think so.  10 years is a long time though... I would consider myself pretty lucky to get them after that much time had passed.

What's the Architect's reasoning for not handing them over?

vinnyg

  • Guest
Re: Who Owns the Files?
« Reply #19 on: August 23, 2007, 10:31:02 AM »
Don't know yet......don't even know if the Owner has tried to get them. I'm just the lucky grunt
that gets to start at square one if the Owner dosen't get them. One of the buildings considered for
remodeling is round and the original prints are not very thorough with dimensions, angles, etc. so I
would have to do a lot of scaleing from the prints as I start on it. Will be interesting to see when and
how the Owner negotiates for the Cad files.

vinny

Atook

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Re: Who Owns the Files?
« Reply #20 on: August 23, 2007, 10:31:37 AM »
With that kind of time passing, I'd guess that the Architect doesn't want to go back through the archiving, or worse, doesn't even have them any more (dead floppies?)

Greg B

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Re: Who Owns the Files?
« Reply #21 on: August 23, 2007, 10:34:47 AM »
Gotta ask first.

The owner is not entitled to the electronic files.  He can not demand them.

M-dub

  • Guest
Re: Who Owns the Files?
« Reply #22 on: August 23, 2007, 10:48:20 AM »
Will be interesting to see when and how the Owner negotiates for the Cad files.

Like this?

:pissed:


...I'm just the lucky grunt that gets to start at square one if the Owner dosen't get them. One of the buildings considered for remodeling is round...
nice...
When I was a kid, we lived in the country and our neighbour had a round house.  Man it was cool!  Still is!  Big spiral staircase in the centre, hallway around that, with all the rooms as somewhat pie shaped and then a deck / veranda that wrapped entirely around the house.  Very cool!
« Last Edit: August 23, 2007, 10:59:46 AM by M-dub »

Josh Nieman

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Re: Who Owns the Files?
« Reply #23 on: August 23, 2007, 10:49:53 AM »
dude you totally lost me with the pie house.

Missed a post, nm.

Guest

  • Guest
Re: Who Owns the Files?
« Reply #24 on: August 23, 2007, 11:34:39 AM »
I'm just the lucky grunt that gets to start at square one if the Owner dosen't get them.

Think of it as "job security".  :-)

Krushert

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Re: Who Owns the Files?
« Reply #25 on: August 23, 2007, 01:00:18 PM »
I just had an owner (a real PITA) called me up for the cad files for the auto dealer ship we did for them 2 years ago.  After asking what are they going to do with them,
the response was we are going to mess around with them to get a layout that we like for that upstairs space that never got fit up.
So you have another architect (hoping)
No we are going to do it. 
Oh, okay I have to tell you, there we have huge concerns of liability so if the Architect has no problems I will be sending you a liability form that you have to sign off on stating that;
you will not hold us liable for your mistakes, injury and what not.
and you will due your due diligence with the AHJs.
and that you will do due diligence with verifying existing conditions

.......
and yadda yadda.
our lawyer drew up the this document and he a copy of every one we send out and comes back signed.

My firm has been in business for over 40 years and we have other architects calling us for cad files, drawings and whatever for a project that that we done many moons ago.   Same procedure with them.

Now consulatants files we send back forth all the time.  that is another whole different story  Matter of fact I FINAlly got a cad file just now from the Mechanical guy that we are using the first time.  Not only did he underlay my file but he used my dim and text styles and layer names.  I just had to change the color back to by layer on 6 notes.  The sweetest insert that I ever had to do for getting the roof equipment back onto the my roof plan.
I + XI = X is true ...  ... if you change your perspective.

I no longer CAD or Model, I just hang out here picking up the empties beer cans

Guest

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Re: Who Owns the Files?
« Reply #26 on: August 23, 2007, 01:02:50 PM »
Not only did he underlay my file but he used my dim and text styles and layer names.  I just had to change the color back to by layer on 6 notes.  The sweetest insert that I ever had to do for getting the roof equipment back onto the my roof plan.

<Napoleon Dynamite> Luuucckyyyy </Napoleon Dynamite>

vinnyg

  • Guest
Re: Who Owns the Files?
« Reply #27 on: August 23, 2007, 01:07:32 PM »
At my age, I don't want job security......I want easy! In this business now for
46 years, first as a carpenter, then a drafter and finally AutoCad

Vinny

Maverick®

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Re: Who Owns the Files?
« Reply #28 on: August 23, 2007, 01:21:26 PM »
When I was a kid, we lived in the country and our neighbour had a round house.  Man it was cool!  Still is!  Big spiral staircase in the centre, hallway around that, with all the rooms as somewhat pie shaped and then a deck / veranda that wrapped entirely around the house.  Very cool!

One would get really tired walking after being told "go stand in a corner"!

Krushert

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Re: Who Owns the Files?
« Reply #29 on: August 23, 2007, 01:27:38 PM »
When I was a kid, we lived in the country and our neighbour had a round house.  Man it was cool!  Still is!  Big spiral staircase in the centre, hallway around that, with all the rooms as somewhat pie shaped and then a deck / veranda that wrapped entirely around the house.  Very cool!

One would get really tired walking after being told "go stand in a corner"!
*** big loud annoucer's voice on DateLIne*** " .... and there we have it folks, the voice of experience!  So the moral of the story is ......"
I + XI = X is true ...  ... if you change your perspective.

I no longer CAD or Model, I just hang out here picking up the empties beer cans