There are two AIA documents which are probably more relevant:
C106, Digital Data Licensing Agreement (broad form with standard text saying "you're only using this to design or build this project unless we agree otherwise, and if you receive it and modify it, you will indemnify the sender"), which has an article for "license conditions" where you can make up whatever you want to say.
E201, Digital Data Protocol Exhibit, which repeats the project-specific text from C106 and gives a place to state just which software editions, which document forms, and who can do what with each piece they get.
Contractors are lazy. Well, actually they appreciate it when someone else does work for them which they don't have to pay for (just like architects). They think our CADD files will help them out. They think that CADD drawings are really accurate, and their ceiling installer subcontractor, and sprinkler subcontractor, etc. may have quoted them a price based on getting CADD files. Did the people asking for the CADD files think about the time they might need to spend importing, manipulating, etc. the background drawings they are asking for? Probably not. Are they likely to pirate our first-class details to use on another job? Unlikely.
In the past I can think of 4 approaches to how to deal with this:
1). "No. Mr. Contractor, go draw your own backgrounds. We've given you all the information needed to lay out the walls and that's how you used to do it in hand-drafting days."
2). "Yes. We are team players (or we signed a contract with the Owner which says they own our work product, and the Owner told us to give them to you) and what was ours is yours. Did you want them on a CD or DVD?"
3). "Yes. Please send us the request/release form found in Section 01XXXX of the project manual, along with the check for $100 per file to cover our time to copy data out onto the CD or DVD. We will send them to you as the General Contractor and you can deal with making copies for your subcontractors. We won't send you new backgrounds if there are changes to rooms, etc. during construction, unless you pay again."
4). "Yes. Our Owner-Architect Agreement states that we will make copies for the General Contractor, and we have included compensation for the time we expect to spend (or, will charge per file transmitted) as part of our Owner-Architect Agreement. You have, of course, given the Owner a lower bid in anticipation of getting these documents ..."
4a) could be a bid alternate - base bid no backgrounds, alternate with backgrounds provided, and then talk with the Owner about the value. You would want to think about how this was stated Very Carefully, but if the Owner received a substantial credit back, and didn't have to pay you very much to create the documents, they would probably tell you to make the copies, and pay you to do so.
The Other Issue lurking in the background on this is the possibility that you might have liability exposure, or that they might not be able to import the files, etc. Assuming that you do want to give them something that they can at least draw on top of, there are various formats which can be exported, and you should have a statement saying that you don't guarantee perfection in the drawings.
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Joel Niemi AIA
Snohomish WA
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Original Message:
Sent: 11-04-2011 10:17
From: Stephen May
Subject: Providing CAD files to contractors
Wow, I thought that there would be more replies, (opinions) on this subject. I would have thought that this problem had arisen before.
Thanks Mr. Smith for commenting. Is there a way to get a draft of that document to review, to see if it will fit into my needs.
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Stephen May
President
D.A.R.T. Design, Inc.
Herrin IL
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Original Message:
Sent: 11-02-2011 10:06
From: Brian Smith
Subject: Providing CAD files to contractors
Take a look at AIA document E202 - 2008 Building Information Protocol Exhibit.
This covers Level of Develoopment (LOD) in models. For example, a design model may not be adequate for fabrication. This distinction needs to be agreed to before models are shared.
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Brian Smith AIA
M+W Group
Chicago IL
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Original Message:
Sent: 11-01-2011 11:53
From: Stephen May
Subject: Providing CAD files to contractors
I have had a recent request for CAD files from sub-contractors. One contractor requested them so they can build a BIM model which will allow them to fabricate most of their work in shop in lieu of at the job site. The other wants to make sure their systems can be installed without interference with the structure. I am sure that this has been done before and possibly a waiver form was signed. Are there any boiler plate waiver forms out there to be used? I am sure there are many opinions on this subject and would I like to hear them. My standard answer is no but, I am willing to see what others do and/or how they handle this type of situation. Thanks in advance.
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Stephen May
President
D.A.R.T. Design, Inc.
Herrin IL
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