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  • 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 06:15 PM
    Brian,
    Your CAD files do have value.  And your relationship to the hospital/clinic may have some value as well.

    If you say no, the D/B group will re-draft from paper documents, and probably will field verify as well.  You may also get labeled as the non-cooperative guy.

    If you still have the original Owner-Architect Agreement, might read through it to see what it says about re-use of your "Instruments of Service".

    So, how could you say yes?
    1.  Can you identify and reach out to the D/B company?  In Oregon, an architect has got to be involved all of the way through the project - can you be of help to them, can you find a place for yourself in the team?  (Are they even someone you would want to work with in the future?)

    2.  You could create a hand-over agreement which says "Here are some computer files. They may or may not be easily useable electronically (versions do change).  They may or may not match what was built (contractor had control at that time).  And, they may or may not include information showing changes in the last 5 years."  Minimum charge = how long did it take to put the files onto a CD.  Maximum = a bit less than the cost for them to redraw, because after all they will have to massage the drawings.

    3.  Think about "licensing" the existing information for their re-use on this project only.  This would reiterate that you own the instruments of service, and that you are willing to allow them to use the information, for a moderate fee.  Just like all of the software on your computer, which you don't own, you own a license to use -- this would get you some value back out of the deal.

    Maybe the best would be to combine some role in the project (gives you some work, if you want it, keeps you in touch with the hospital) along with a licensing agreement.

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    Joel Niemi AIA
    Principal
    Snohomish WA
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