#PARTY CAD 2012 PDF#
#PARTY CAD 2012 CODE#

The answer is simple - Architect owns the CAD files - a circumstance that can not be changed by provisions in a client's lease contract with its landlord. The best advice is to consult your insurance carrier and an Attorney familiar with the law in your state and work out a strategy consistent with that law. This is a time to consult an Attorney as no one answer will fit every state or every project Likewise, reading a contract or a section in a statute book may cause one to draw an improvident conclusion.

#PARTY CAD 2012 CODE#

Someone not familiar with the building code may read a fewВ sections and draw a few conclusions which may not be well founded. helps for sure, but it doesn'tВ fully solve the problems.ДЄs with many aspects of the law, things are interconnected and often are not what they may appear (not different than the building code). Adding limiting language, 'not for construction', etc. Therefore, if someone alleges they were injured by your negligence as reflected in your CAD documents, you may find your indemnificationВ / hold harmless agreement is void under the law of your state.Д§. While indemnification or hold harmless agreements are created by contracts and are generally enforceable, many states do not permit someone for seekingВ indemnificationВ for their own negligence. Understand also that many states place limits onВ the extent to which a party can be indemnified or held harmless. You might be able to recover that lossВ from your client, but you can't avoid the liability with an indemnification or hold harmlessВ -В that is simply an agreementВ pursuant to which someone else agrees to pay any loss you may incur due to their use of your work productВ - it does not and cannot defeat the primary liability.Д¦. If the client refusesВ (or as is more common, lacks theВ financial ability to defend you) you still have to defend yourself and pay any judgment you may lose. If they do, you can demand the client indemnify you or hold you harmless. If you giveВ CAD file to a client, an indemnification or hold harmless agreement from the client will not stop others from making a claim against you. Indemnification or hold harmless agreements as many suggested are fine, but aren't a defense. Stripping out your title block or other identifying information as some have suggested does not change the fact that the CAD files are your work product.ДҐ. Simply put, giving others your work product in a manipulable form can cause liability issues. CAD files are your work product, and you can't change that. Always read and negotiate your contracts very carefully.Д¤. You are never bound by the contract that your client signs with another, unless you sign that contract, or unless your contract with your client binds you to those terms. While that create a management issue for you (it may be hard to deny your client if they ask for CAD files because they are required to hand them over), it technically isn't your problem - at least not in the legal sense.ДЈ. It doesn't matter what sort of contract your client signs. Unless you sign a contract or a written transfer that gives away your copyright, you own it. The AIA documents address ownership of the intellectual property (the copyright) and they provide for the same result, but they don't really need to since the statute itself provides that same result. Even if you provide CAD files, you still own the copyright unless you signВ a written document that transfers those rights away. The only way to transfer that right is in writing. The Architect owns the copyrights by virtue of the fact that the Architect created the work. A few things to understand about the Copyright Statute ДЎ. Would they have requested the actual drawings? I usually tell them that my insurance carrier me not to provide CAD files because of the liability. I remember the day when drawings were done by hand.

#PARTY CAD 2012 PDF#

I gave them pdf files, but they insist on CAD files.

I never heard ofВ this before and am reluctant to provide CAD files. They claim that providing CAD files is required as part of the tennants lease. The latest is from a shopping center where I did a build-out for a restaurant. Recently I have had requests for CAD files from clients and other 3rd parties. This message has been cross posted to the following Discussion Forums: Retail and Entertainment and Practice Management Member Conversations.

Party cad 2012