We have also seen an increase in requests for documents to be released electronically during bidding. We have seen requests for CAD backgrounds during construction for quite a while, but it seems the pre-bid requests have increased dramatically. Here are the issues I identified for my firm when we had to try to come up with a policy:
1. Check your state's licensing board. They may not have any policy regarding this issue, but I found out that our state expressed a desire that stamps not be released electronically unless there is a way to guarantee that they cannot be modified or copied (which there is not, no matter how much software manufacturers crow their security). We ended up with a secondary stamp to replace the original for electronic publication.
2. Understand that once a document is published electronically, no one will be able to control where it goes or who sees the document. Internet security specialists tell us to teach or children that once something is published to the internet it will live there forever. The same is true once drawings or specifications are sent out electronically. There is no way to control where the CD or email will be sent next. Normally, this may not be an issue. However, there may be some exceptions, like the next issue.
3. You shall get permission from the Owner prior to publication. And I did say, "shall" and not "should". Do not open yourselves up to the anger of an Owner by thinking you may or may not need to ask them. If your Owner is a bakery in strip mail, they probably won't care if the drawings are published. And indeed there are some Owners that will require that they be published electronically. However, if your Owner is a bank or other security-regulated industry, they may not be willing to let these documents get published. I have had healthcare clients who did not want drawings published electronically after 9/11.
4. Get a consensus among your licensed professionals. They are ultimately responsible (liable) for the drawings that they signed. They will need to come to a consensus about publication of their stamp or not.
5. You cannot charge for the drawings themselves without implying a warranty.
6. You can charge for handling (preparation and creation) and shipping of the drawings, but you should have some statement that accompanies the electronic drawings and specs that state that the charges do not imply a warranty but are for shipping and handling of the documents.
7. You should include a disclaimer stating that the drawings are not warrantied or guaranteed and that the only legally binding documents are the ones signed by the professional. This will prevent someone from believing that they can use the documents without verifying field conditions.
If you have any questions, or comments, please do not hesitate to contact me.
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Kent Steen Assoc. AIA
Associate, Architectural Designer
Davis Design
Lincoln NE
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