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OWNR - Contract, Liability, Ownership of Documents for Mass Produced Building

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Hey Everybody :)

Suppose you've got a client that asked you to
design a building for mass production for use in
California schools (Part of your services includes
getting the building through DSA as a pre-approved

Your original thought was to retain ownership of
documents, include in your contract a fee for
every unit produced, and bill all plan check stuff
& other misc. junk after the DSA approval on an
hourly basis.

But, now, the client wants to market to private
interests and perhaps out of state interests and
the client does not want you to retain ownership
of documents.  You don't think he's hot on paying
a per unit fee.

How do you handle liability issues in this case.
Can you put a note on your plans disavowing
liability?  Do you put a hold harmless type clause
in your contract?  Should you refuse to provide
anything reproducible except to DSA?  Should you
refuse to provide anything with your logo, seal,
or signature except to DSA?

How should you handle compensation in this case?
Even if you get a rewrite on your contract, you
can still get buried in lawyers fees if someone
tries to hassle you about this.  Can you put
something in your contract that the client must
cover your E&O deductible if you get sued, even if
its the client suing you?  Should you insist on a
per unit fee?  Does not owning the documents make
this impossible to enforce?


Stan Johson
BS, EIT, Never thought I'd wish I was a lawyer