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RE: Calcs on the web! Any worries?

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Thor -
 
With regards to intellectual property, I suppose this is possible (probable?), but at least knowing it up front, I will be able to account for this in my fee.
 
With regards to liability, yes, these are my concerns as well. After my meeting with my client (to find out their exact needs), I will contact my E&O carrier (DPIC).
 
FWIW, I don't think the engineering will apply to a specific project, just a prototype. But, who says someone cannot/will not apply this work to a site specific project?
 
With regards to a waiver, I believe the waiver would only apply to the parties signing the contract. So, if a 3rd party bought the package, they would not be subjected to the waiver, rendering it essentially worthless.
 
Thanks,
 
Bill
-----Original Message-----
From: Thor Tandy [mailto:vicpeng(--nospam--at)telus.net]
Sent: Thursday, July 10, 2003 11:11 PM
To: seaint(--nospam--at)seaint.org
Subject: Re: Calcs on the web! Any worries?

Bill
 
If you do that, you may risk someone else taking the design and using it, no?  Intellectual property etc.  Also how can you avoid liability if the design is used by a third (unknown) party, it becomes known that you did it, and something goes wrong?
 
That, actually, might be a cause to leave your name on it, with a waiver stating that the drawings are samples only and cannot be used for any other purpose.  That way none can use them and expose you to liability, your name as being associated with the project(s) becomes known, and also it makes it clear that the drawings apply only to a specific project (incl in waiver?).

Thor A. Tandy P.Eng MIPENZ
Victoria BC
Canada
email: vicpeng(--nospam--at)telus.net
----- Original Message -----
From: Bill Allen
Sent: Thursday, July 10, 2003 7:41 PM
Subject: Calcs on the web! Any worries?

I'm proposing on a project which will serve as a prototype for several
installations. The owner wants to put the prototype drawings and
calculations on their website so that their customers can see the
design. I am told that I can omit my name and my company's name from the
calculations and any drawings I produce. I can also (like the architect)
include any disclaimer language (like "this design probably is not
appropriate for the location you are considering" or something along
those lines).

Should I take the job? The work is with one of my very best clients and
I would hate for him to go to a competitor. Of course, if the R-T-R
(Risk to Reward) ratio is unattractive, then by all means, I don't mind
letting my competitor have the work :o).

Your opinions would be appreciated.

TIA,

T. William (Bill) Allen, S.E. (CA #2607)
V/F (949) 248-8588
San Juan Capistrano, CA



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