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Providing CAD Files

  • 1.  Providing CAD Files

    Posted 11-21-2023 05:14 AM

    My client for a residential project is a developer.  My plans are 98% complete.  He is asking me to provide him with a set of CAD files (not PDF's).  He wants my dwg cad file.  I'm worried he can misuse my cad file for other projects.  Cad files can be reformatted, imported, exported and shared in other cad programs and used for other projects.  He wants to submit the drawings to the building department himself.  He could revise the plan check set.  I have the standard note on my drawings that prohibit re-use but my cad file can be easily revised to delete this note.

    Should I provide my cad file to the client?  He already has a full set of PDF drawings.

    Thanks for your advice.

    Tim Mead, AIA Architect

    Maui Chapter, Hawaii



    ------------------------------
    Timothy Mead AIA Member Emeritus
    Timothy N. Mead, AIA, Architect
    Kihei HI
    ------------------------------


  • 2.  RE: Providing CAD Files

    Posted 11-27-2023 11:14 AM

    There is no way I would give a developer a full set of CAD files even if we trusted him.  A consideration is an edited version without details for cabinet, tile and subs take-offs and I would send directly to subs not to GC to track where they are.  I have sent CAD to structural and civil engineers when they are contracted separately.

    I have had other Architects asked for CAD files and I have no problem sending those since there is an ethical obligation to not misuse.



    ------------------------------
    Craig Isaac AIA
    Craig W. Isaac Architecture
    Charlotte NC
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    Original Message


  • 3.  RE: Providing CAD Files

    Posted 11-27-2023 12:19 PM

    In my experience as both a GC and working in Architecture, we have typically done a CAD release that they must sign prior to handing over the CADs. In several cases this has helped.

     

    Jaclyn G.Faulkner
    Executive Director   

     

    AIA MARYLAND

    The American Institute of Architects                                     

    86 Maryland Avenue, Annapolis, MD 21401

    T (410) 263 0916  

    JaclynF@aiamd.org

    www.aiamd.org

        

     

     

     




    Original Message


  • 4.  RE: Providing CAD Files

    Posted 11-27-2023 11:16 AM

    You need to read your contract to see if those are considered deliverables. alternatively, if you provide the drawings, Make sure they sign a waiver Binding them to the terms that are in your note on the drawing. you can also explode everything and make it hard to deal with to discourage tampering.



    ------------------------------
    Miguel Martin AIA
    MLM - Martin Architects Inc.
    Winter Springs FL
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    Original Message


  • 5.  RE: Providing CAD Files

    Posted 11-27-2023 11:17 AM

    I don't do residential design, only commercial.  I am often asked to provide CAD files and I do, as long as I have been paid.  I only provide the floor plans and elevations for the owner's records.  I don't provide title blocks, my stamp, details, or schedules.  Though the owner could potentially reuse the building plans and elevations for something, they won't be able to reuse much without hiring another Architect.  Also these days PDF are almost as editable as CAD drawings if you know what you are doing.  Hope this helps.

    Cheers

    Brian



    ------------------------------
    Brian Moore AIA
    BCMA Architecture
    Tempe AZ
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    Original Message


  • 6.  RE: Providing CAD Files

    Posted 11-27-2023 11:17 AM

    Aloha Timothy, 
    No, I wouldn't. My files are linked/x-ref'd and requires BIM knowledge in order "see" the design/intent. Otherwise there are gaps that non-users and/or their consultants/employees wouldn't be able to bridge without me as the key. 

    So why bother.
    Your contract must draw the line re<caret></caret> intellectual property, too, whether it is a PDF or a CAD File. 

    It's kind of you to consider gifting over your creation. 

    Katherine Han 
    HDG + Asadal Partners
    CDT, LEED AP BDC, Assoc. AIA





    Original Message


  • 7.  RE: Providing CAD Files

    Posted 11-27-2023 11:17 AM
    Hello, Tim -
    What does your owner-architect agreement say about "instruments of service", licensing reuse, and liability for unauthorized reuse or reuse that doesn't involve you?
    Do you know if the developer has any history of pirating designs?
    If your agreement is mute regarding these topics, I suggest you draft a contract modification that covers all of them and anything else that is a concern.  Consider requiring compensation for handing the files over, and include a disclaimer about fitness, easy reuse of the files / file format, etc.
    You might want to talk to your professional liability insurance broker about things that cause them concern and see if perhaps they have suggested text that could apply.
    If you are indeed emeritus, coverage for future issues may be of more concern than getting fair compensation for him taking the cad file to another designer/drafter/architect and depriving you of revenue.
    Also a topic for the broker: "tail" coverage for past projects (and this one) after retirement.  Maybe the compensation for delivering the files goes towards that protection.
    And, of course, depending on how the pdfs were created, they may already be something that a skilled person could take apart layer by layer and redraft, anyway - or convert to other formats and add your details and notes, or whatever, to their work product.

    --
    best regards,
    Joel Niemi     - Architect
    425.422.4276
    jniemiarchitect@gmail.com
    http://www.linkedin.com/in/jniemiarchitect



    Original Message


  • 8.  RE: Providing CAD Files

    Posted 11-27-2023 11:17 AM

    Good evening,

    No way! Do not provide the CAD files.



    ------------------------------
    Clifton Strickland III AIA
    Strickland Architects and Associates
    Virginia Beach VA
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    Original Message


  • 9.  RE: Providing CAD Files

    Posted 11-27-2023 11:17 AM

    Talk with your attorney regarding  the format type, and  have them write you an accompanying letter that states the date, the project, and what you are transmitting under your copyright and the location of the project.  And you might review your contract regarding who retains ownership of the documents at completion.

    In the past, the firms I've worked for have – occasionally – provided  "live" files when requested but kept a record copy plus transmittal in their file that indicates the date and the state of the drawing files when you released them to the Owner.  I provide specs,  and when I was consulting, I did exactly  that in the past with my Word files when requested by some owners.      Obviously, you want to reduce the possible blowback if the files are reused on a different site, a different jurisdiction or a different code version.   These days, PDF files can be unlocked and manipulated, so that may not be the secure delivery that you envision anyway.   

     

    ANNE WHITACRE

    HOK

    anne.whitacre@hok.com

    t  +1 415 356 8685   m +1 510 388 4333

     




    Original Message


  • 10.  RE: Providing CAD Files

    Posted 11-27-2023 12:19 PM

    No way.



    ------------------------------
    Clifton Strickland III AIA
    Strickland Architects and Associates
    Virginia Beach VA
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    Original Message


  • 11.  RE: Providing CAD Files

    Posted 11-27-2023 11:20 AM
    Dear Mr. Mead:

    Refer to AIA contract between Architect and Owner B101-2017

    Article 7 Copyright and License

    Section 7.2 “ the architect and architects consultant’s shall be deemed the authors and owners of their respective instruments of service. Including the Drawings and Specifications, and shall retain all common law, statuary and other reserved rights”” etc.

    I assume that you entered into a standard AIA document.

    Not having access to your contract I have made the assumption that you have .

    Tell your client that you are not proving electronic documents and you will provide a set with your wet stamp .

    Sincerely
    Louis Reboy RA

    Buffalo NY


    Sent from my iPhone


    Original Message


  • 12.  RE: Providing CAD Files

    Posted 11-27-2023 12:18 PM
    It is your choice. To protect your risk and design rights, have your client first execute AIA Agreement C106-2022.

    Even if your Owner/Architect agreement states the owner has the right to all instruments of service, get this agreement or an edited version executed or don't send the electronic file.

    I hope this is helpful.

    Michael

    ---------------------------------------------------------

    Michael L. Katzin, AIA

    Director | Michael Katzin Project Services, LLC

    a | 425 Leasingham Way | Johns Creek, GA 30097 
    p | 470.469.5586 
    e | m.katzin@mkprojectservices.com 

    in| linkedin.com/in/michaelkatzin

    Member | City of Johns Creek Planning Commission

    ---------------------------------------------------------



    Original Message


  • 13.  RE: Providing CAD Files

    Posted 11-27-2023 12:19 PM

    First, I would check your contract to see if the client is entitled to the CAD files. If the drawings are not fully complete, I would not provide them as that can lead to improper use. I suggest speaking with your client candidly about the situation and asking what the intended use of the files are. Perhaps the clients' goals can be achieved through other means.



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    Brian Hromadka AIA
    Hromadka Associates
    Newburyport MA
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    Original Message


  • 14.  RE: Providing CAD Files

    Posted 11-27-2023 04:23 PM

    Timothy,

    We've run across this before. The answer for us was 'No'. Your CAD files are your instruments of service, hence the Architect's sole property. One assumes you have customized your CAD program with your own office standards, library parts etc. and these are for your/your offices' use only.

    We faced serious pushback from one client - we told him that we could potentially give him the CAD files, but only after reviewing them and stripping out any of our proprietary information, which is very time-consuming considering these are often deeply embedded in the file. The hourly cost to do that was prohibitive. He decided to pursue preparing his own documents, simply for cost reasons, not because he wanted to do the right thing. 

    Look at it this way: Would an author give his word.doc to the publisher? No.  Hope this helps. Best Regards,

    Heather



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    Heather Johnston
    Heather Johnston Architect
    Monterey CA
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    Original Message


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