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RE: Repetitive Use of Design

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You are going to assume some liability for every one of these products that is manufactured and installed, so it's not unfair to ask for some sort of fee per use. Whether or not your client would be willing to pay you ( or whether you would ever see the money) or not is another matter. Maybe if you can't get a fee for repetitive use, you can argue for a "hold harmless" clause in your contract to shift the liability onto the manufacturer for reuse of your design.
This issue must come up time and again for engineers who design facilities for franchise operations that build the same structures over and over. Maybe somebody out there who does that sort of work knows of a fair solution.
-----Original Message-----
From: Bill Marczewski [mailto:bill(--nospam--at)]
Sent: Monday, July 14, 2003 10:27 AM
Subject: Repetitive Use of Design

I’ve been asked to design the concrete work for some septic tanks for a local concrete plant.  I was not terribly excited about this request, but the concrete plant made me feel sorry for them as there are few other people in the area who perform structural design.  My question is whether or not I should request some type of repeat fee or other (?) related to the reuse of my original design.  Has anybody done a similar design task before, and if so would you mind sharing with me your contractual concept as presented to your client.  I’m not looking for an actual document, just some feedback as to whether or not you would request a yearly fee for use of the design in addition to the initial design.  Thanks.




Bill S. Marczewski, P.E.


BSM Structural, LLC