Project Delivery

  • 1.  Client's request for CAD files - Medical project

    Posted 01-14-2015 06:11 PM
    This message has been cross posted to the following Discussion Forums: Project Delivery and Practice Management Member Conversations .
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    My small firm (now a sole proprietorship) designed an addition to an existing clinic in this area about 5 years ago.  

    The project is single-story, approximately 20,000 SF in size; no special design aesthetics - it was a "match existing" type of job.  I just received a request for the CAD files, because the hospital is planning to carry out some remodeling with a Design-Build firm.

    In my experience, some firms will flatly refuse to turn over CAD files, citing office policy and intellectual property rights.

    From my point of view there are at least several issues:  
    The CAD files have value, otherwise they wouldn't be asking for them - the hospital is trying to save some money.  The question I have:
    Is there some sort of convention/standard/accepted basis for establishing the monetary value of these files?
     
    Would it only be related to the amount of CAD employees' time needed to re-draw the project?

    Whether the Consultants would agree to releasing the files, and if they have a standard for compensation.

    Release of liability for my firm, whether I am compensated for the files or not.

    State Boards of Architecture typically require that an Architect of Record draw the project themselves, and seal the docs.  How transferred CAD files work in this situation, I am unsure.

    If CAD files were to be transferred, I would remove my title block, and purge the files.

    Thanks in advance, I would appreciate any constructive input.

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    Brian Hawkins AIA
    Principal
    Brian J. Hawkins, Architect, PC
    Medford OR
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  • 2.  RE: Client's request for CAD files - Medical project

    Posted 01-15-2015 05:55 PM
    Hi all,

    I don't have a dog in the fight as I'm an owner vs. <gs id="326bd528-8fa2-4631-9a1f-9d9ed77f2b75" ginger_software_uiphraseguid="370d34e9-8f6a-4be6-90ba-99a739c01778" class="GINGER_SOFTWARE_mark">a</gs> design firm.

    You need to be very careful discussing fees or other costs in an AIA forum due to the consent decree that AIA has with the Justice Department on an anti-trust complaint on price competition (see http://articles.latimes.com/1990-07-06/business/fi-183_1_consent-decree). . I'm also not an attorney but have been caught in this warning before on similar discussions.  We may be better off discussing the concepts and value in general and not getting any discussion regarding specific amounts that any one of us would charge for releasing the CAD/D files.

    By the way, with any release, you will want a release of liability from the party accepting your files..

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    Arlen Solochek FAIA
    Associate Vice Chancellor, Capital Planning and Special Projects
    Maricopa Community College
    <gs id="cb25e9fa-099d-46d8-8456-5a9a58112a39" ginger_software_uiphraseguid="b7159c4b-5eb0-4d60-937a-574f69d5a868" class="GINGER_SOFTWARE_mark">Tempe AZ</gs>
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    Original Message


  • 3.  RE: Client's request for CAD files - Medical project

    Posted 01-19-2015 10:27 AM
    I am curious what kind of a relationship you had with this client? Good client, paid you on time, treated you well? Is there the potential for future work with them? The answer to these questions would determine how I reacted to this request. For a good client with potential future work: 4 to 8 hours at a typical billing level (unless it requires more effort), a good indemnification agreement, and flattened/exploded files with all names removed. For a bad client: more money, stronger indemnification agreement, and possibly PDF's instead of the actual CAD files.

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    Richard del Monte AIA
    Chief Design Officer/Managing Director
    The Beck Group
    Dallas TX
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    Original Message


  • 4.  RE: Client's request for CAD files - Medical project

    Posted 01-19-2015 12:33 PM
    What if the AIA established an internet platform, "The Architects Information Exchange" A[I]A-X, where AIA architects can make their CAD files accessible for download (with permissions) to other AIA architects, for a residual fee?

    AIA can establish the rules for participating to protect the Intellectual property and copyright, and an agreement to hold each other harmless for errors and omissions, etc.; and instead correct and improve the CAD files for the next AIA architect.

    It would be as if WE, the AIA architects, are all collaborating on one the one project "Designing a Better World" - together!

    In this way the client would (naturally) request that his new AIA architect, get the CAD files (as previously permitted, per sheet) from their previous AIA architect of record, via the  A[I]A-X.

    Also, any authorized consultant who needs the CAD files too could purchase them, once they join the AIA as an Allied Member and agree to the terms of the A[I]A-X platform.

    [WE} can do this!

    https://www.youtube.com/watch?v=1yIjJgKGIHg



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    David Ways AIA, NCARB, LEED AP
    Arcticstar Design, Inc.
    Bradenton FL
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    Original Message


  • 5.  RE: Client's request for CAD files - Medical project

    Posted 01-20-2015 05:49 PM
    Would that it were that simple!
    i am not sure the Institute should be put in the position of issuing or even hosting this site due to the significant issues of liability associated with delivery of documents fro any purpose.
    i will however forward this string to General Counsel.
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    Burton L. Roslyn, FAIA
    President
    Roslyn Consultants, LLC
    Roslyn Heights, New York
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    Original Message


  • 6.  RE: Client's request for CAD files - Medical project

    Posted 01-21-2015 05:38 PM
    Burton - it would also be terrific if the AIA could produce all of the construction documents, including specifications, for AIA members' projects.

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    Michael Strogoff FAIA
    President, Strogoff Consulting
    Mill Valley CA
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    Original Message


  • 7.  RE: Client's request for CAD files - Medical project

    Posted 01-23-2015 01:34 AM
    "The Diamond Age of Architecture"

    https://www.youtube.com/watch?x-yt-cl=84503534&v=rYSVSJgGqx8&x-yt-ts=1421914688

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    David Ways AIA, NCARB, LEED AP
    Arcticstar Design, Inc.
    Bradenton FL
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    Original Message


  • 8.  RE: Client's request for CAD files - Medical project

    Posted 01-15-2015 06:17 PM
    Brian,

    Your instincts are correct.  I suggest:

    1. Review the old Owner/Architect contract for the building expansion.  Some or all these issues may have been already covered. 
    2. If your former contract is silent on these topics, you can elect to not share anything.
    3. The CAD files have value.  I know of no market precedent for assigning a dollar value to the files.   Don't be timid; be fair.
    4.  If you have to aggregate the conslutants documents, get paid for your time.  Otherwise, let the former client approach the consultants directly. Cycling back to number 1, what does your Architect/Consultant agreement say about document ownership?  Unless you have ownership rights to the consultant drawings, do not distribute them without the consultant's agreement.
    5.  Release of liability is critical.   There's usually some language about "indemification"  and "hold harmless" in a document executed by you and the building owner.  Check AIA documents for something like a Data Waiver form. 
    6..If you can delete the title block, signature and seal, do.  Hopefully, the owner's design/build entity will comply with professional registration rules and respect your historical position by deleting references to you.  In any case, step 5 ought cover you.   Do not accept indemnification/liability waiver from the design build entity!  Get it form the Owner; deeper pockets, bettter alingment of interests with yours.
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    Larry Johnson AIA
    Gensler
    Houston TX
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    Original Message