Small Project Design

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Half way through schematic design a residential renovation client has decided to hire an interior designer.  They are very happy with my work but the new designer will be actively involved in space design, not simply selecting furniture.  They have asked me for my ACAD drawings. (I use Revit but can export...)  Of course I share drawings with my consultants, but the designer is contracted to the owner.  I want to be a team player but have two concerns: value and liability. The drawings are obviously worth something to them and they do not belong to the owner.  (I use standard AIA agreements.)I feel like some compensation would be fair.  I'm also concerned about liability. If they goof and blame it on my drawings, what's my protection? How have any of you dealt with this issue of designers requesting drawings?


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Thomas Ahleman AIA
Principal
Studio Talo Architecture, Inc.
Evanston IL
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Before any discussion about providing CAD files I suggest you sit with your client and outline the additional expense they will incur for your time to assemble and prep these files to be shared. This is above the cost (presumably to the interior designer) to actually share. Then there is the additional services (time/cost) to work with such a designer. I have had similar experiences and I have been fortunate enough to been reimbursed by my clients for all of the work to "re-design" projects. The old rule of estimating your projected time then doubling the estimate does not apply, you will need to at least triple your estimate.

This also may not necessarily be a bad thing as this interior designer may be a person you can connect with in the future to pursue more work or share expenses (i.e. professional photo) or this project.

Good luck to all involved.


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Lee Mamola AIA
Mamola Associates Architects
Novi MI
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The AIA has a contract document that covers this situation, it's the C106. See below for a synopsis of the document:

C106-2007, Digital Data Licensing Agreement
AIA Document C106™-2007 serves as a licensing agreement between two parties who otherwise have no existing licensing agreement for the use and transmission of digital data, including instruments of service. AIA Document C106-2007 defines digital data as information, communications, drawings, or designs created or stored for a specific project in digital form. AIA C106 allows one party to (1) grant another party a limited non-exclusive license to use digital data on a specific project, (2) set forth procedures for transmitting the digital data, and (3) place restrictions on the license granted. In addition, C106 allows the party transmitting digital data to collect a licensing fee for the recipient's use of the digital data.

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Christopher Yago AIA
Rockville VA
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Original Message:
Sent: 12-01-2011 07:51
From: Lee Mamola
Subject: Sharing dwgs w/interior designer


Before any discussion about providing CAD files I suggest you sit with your client and outline the additional expense they will incur for your time to assemble and prep these files to be shared. This is above the cost (presumably to the interior designer) to actually share. Then there is the additional services (time/cost) to work with such a designer. I have had similar experiences and I have been fortunate enough to been reimbursed by my clients for all of the work to "re-design" projects. The old rule of estimating your projected time then doubling the estimate does not apply, you will need to at least triple your estimate.

This also may not necessarily be a bad thing as this interior designer may be a person you can connect with in the future to pursue more work or share expenses (i.e. professional photo) or this project.

Good luck to all involved.


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Lee Mamola AIA
Mamola Associates Architects
Novi MI
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You can find some pretty good langauge (examples) for a liability release to share CAD files on the www and maybe talk to your E&O insurance agent. Don't forget to release yourself from liabilty for any software issues, for viruses, attached malware, and you don't gurantee the drawings will work on their system, etc.  Note that the drawings are current only to a specific date, that you have no  responsibility for notifying them of any changes unless you want to negotiate a fee for that service and you don't gurantee the accuracy of the drawings. (We know the drawings are accurate but its C.Y.A.) 

We only share floorplans and RCP (they are in the same file) We strip out all dimensions, ceiling heights, notes, border etc.; we only provide the 'built environment'.   Wblock in autocad is a good tool to export a drawing after you have turned off all of the layers you do not want to share.

We'll typically share the floorplan with sprinkler & ductwork subcontractors on a bid project at no cost after they sign a release.  Charging an interior designer who is under contract to the owner may be a sticky wicket. Having the interior designer as a future contact, resource, reference or team member and the goodwill toward your client may be worth allowing them to use the file at no cost.

Todd McNall AIA
Senior Architct
Design Dynamics, Inc.
Cedar Rapids IA
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Original Message:
Sent: 12-01-2011 07:51
From: Lee Mamola
Subject: Sharing dwgs w/interior designer


Before any discussion about providing CAD files I suggest you sit with your client and outline the additional expense they will incur for your time to assemble and prep these files to be shared. This is above the cost (presumably to the interior designer) to actually share. Then there is the additional services (time/cost) to work with such a designer. I have had similar experiences and I have been fortunate enough to been reimbursed by my clients for all of the work to "re-design" projects. The old rule of estimating your projected time then doubling the estimate does not apply, you will need to at least triple your estimate.

This also may not necessarily be a bad thing as this interior designer may be a person you can connect with in the future to pursue more work or share expenses (i.e. professional photo) or this project.

Good luck to all involved.


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Lee Mamola AIA
Mamola Associates Architects
Novi MI
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One more comment: Sharing CAD files without cost is one thing, however, Lee is right, you should negotiate additional services for your time and for any rework required from working with the interior designer
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Todd McNall AIA
Project Manager
Design Dynamics, Inc.
Cedar Rapids IA
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Original Message:
Sent: 12-01-2011 07:51
From: Lee Mamola
Subject: Sharing dwgs w/interior designer


Before any discussion about providing CAD files I suggest you sit with your client and outline the additional expense they will incur for your time to assemble and prep these files to be shared. This is above the cost (presumably to the interior designer) to actually share. Then there is the additional services (time/cost) to work with such a designer. I have had similar experiences and I have been fortunate enough to been reimbursed by my clients for all of the work to "re-design" projects. The old rule of estimating your projected time then doubling the estimate does not apply, you will need to at least triple your estimate.

This also may not necessarily be a bad thing as this interior designer may be a person you can connect with in the future to pursue more work or share expenses (i.e. professional photo) or this project.

Good luck to all involved.


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Lee Mamola AIA
Mamola Associates Architects
Novi MI
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Hi Thomas,
We run into a similar situation with contractors, who work for the Owner, but want CAD files from us to use as backgrounds for submittals and shop drawings.  A few years ago we worked with our professional liability insurance broker to craft a well written release form that we now have signed by any such third parties wanting our CAD files.  It also includes a clause in which we can stipulate a fee to package and deliver the files.  If you get to that point, be sure to remove your title block so that there is no doubt that file is only used as a background.

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Richard Linsky AIA
Associate
Nalls Architecture, Inc.
Narberth PA
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