Interesting variety of responses. I never "sell" plans because here in CA that would put me in the position of selling a product and not a service. Product liability is much less forgiving---basically any mistake and it's your fault. A service is judged by the standard of negligence and here in CA that comes down to a concept called "Standard of Care" which ends up being the average quality level provided by professionals in the same general area doing similar work. Perfection is not to be expected.
But if someone needs plans I've done, and obviously they have selected who they want to work with, I will help them out if I can, but I do have conditions for providing that assistance. First, I require a release of liability signed by whomever I send the plans to. It says that if there is anything in the proposed project that requires particular dimensions, or a drawn condition has any critical aspects, it becomes their responsibility to verify and confirm the actual conditions, and make whatever adjustments they need to make if actual conditions do not exactly match the conditions shown on the drawing. Second, I require agreement that the plans may not be sold to any other party. When I have this in writing and signed, I will provide pdf's of all drawings and CAD files of plan drawings (not details). I also alert people that my CAD standards may not match theirs and if that is a problem it is their problem.
I'm not asking anyone to do anything I would not be willing to do if the roles were reversed. I have on occasion or two signed waivers to allow me to incorporate something like a floor plan or a site plan into my work. When all is said and done, it looks like my drawing, not theirs, and I take responsibility for the content.
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Donald Wardlaw AIA
More Than Construction, Inc.
Oakland CA
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Original Message:
Sent: 02-22-2018 09:43
From: Robert Marrapodi
Subject: Selling plans
HAs anyone faced a situation we're a person who purchased a home you designed for a client 10 years ago requested a "copy" of the construction documents.
Should I give him a pdf copy and charge him or not?
Thanks
Robert Marrapodi
Marrapodi Architecture
21 E. Market St.
Third Floor
Rhinebeck NY 12572
T. 845-876-0733
M. 845-849-4540