Thomas, Here are a few resources collected from the AIA national office.
From a Contract Documents perspective:
We have provisions in B101 (our standard owner-architect agreement) that deal with this issue. You can find commentaries on B101 and A201 (the General Conditions document that goes with B101) at www.aia.org/contractdocs/reference. We also have two documents that deal with the exchange of digital data:
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.
E201-2007, Digital Data Protocol Exhibit
AIA Document E201™-2007 is not a stand-alone document, but must be attached as an exhibit to an existing agreement, such as the AIA Document B101™-2007, Standard Form of Agreement Between Owner and Architect, or A101™-2007, Agreement Between Owner and Contractor. Its purpose is to establish the procedures the parties agree to follow with respect to the transmission or exchange of digital data, including instruments of service. AIA Document E201-2007 defines digital data as information, communications, drawings, or designs created or stored for a specific project in digital form. E201 does not create a separate license to use digital data, because AIA documents for design or construction, to which E201 would be attached, already include those provisions. Parties not covered under such agreements should consider executing AIA Document C106™-2007, Digital Data Licensing Agreement.
From: Ann Casso (AIA Trust)
I would suggest three things:
- Talk with your liability insurer. Sometimes they are willing and able to help;
- Talk with Chuck Heuer, FAIA Esq. at LegaLine about how he might be able to help you (800/688-9780).
- See other AIA Trust risk management resources.
From Dr. Richard Hayes, AIA (AIA National Staff, Director of Knowledge Resources)
See the AIA Best Practice that deals with transferring documents electronically at
http://www.aia.org/practicing/bestpractices/AIAS077006.
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Kathleen Simpson
Manager, Knowledge Communities
The American Institute of Architects
Washington DC
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Original Message:
Sent: 02-23-2011 10:15
From: Thomas Milleson
Subject: Turning a Project Over to Another Architect
I designed a new church building for a local congregation several years ago. We were about 50% through CD's when they pulled the plug in 2006. I was eventually paid for the work I had done up to that point. Fast forward to today and now they want to move ahead with just a small portion of the project. However, a local architect has since joined the congregation and is offering to do the project pro bono. They have asked if I would be willing to turn over the CAD drawings to this new architect so he doesn't have to start from scratch. I don't have a problem in principle but I am concerned about liability issues. Is anyone aware of a resource that might help me draft an agreement that would protect me from any future liability? Or, maybe I'm just being paranoid. The other architect is an acquaintance and has a good reputation. Any advice would be appreciated.
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Thomas Milleson AIA
Milleson Architects
Bozeman MT
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