AIA Digital Practice documents may be used for any projects involving digital data AIA Document E™– expires on April 30, and is replaced by . AIA Document E defines digital data as information, communications, drawings, or designs created or stored for a specific project in digital form. E The voice of the architecture profession (AIA Contract Documents) .. E does not cr eate a sep arate license t o use digital da ta, b ecause AIA docume nts fo.
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Thomas, Here are a few resources collected from the AIA national office. From a Contract Documents perspective: We have provisions in B our standard owner-architect agreement that deal with this issue.
AIA Digital Practice Documents—2013
You can find commentaries on B and A the General Conditions document that goes with B at www. We also have two documents that deal ais the exchange of digital data:. AIA Document C defines digital data as information, communications, drawings, or designs created or stored for a specific project in digital form.
AIA C allows one party to 1 grant another party a limited non-exclusive license to use digital data on a specific project, 2 set forth procedures for transmitting the digital data, and 3 place restrictions on sia license granted. In addition, C allows the party transmitting digital data to collect a licensing fee for the recipient’s use of the digital data.
Its purpose is to establish the procedures the parties agree to follow with respect to the transmission or exchange of digital data, including instruments of service.
AIA Document E defines digital data as information, communications, drawings, or designs created or stored for a specific project in digital form. E does not create a separate license to use digital data, because AIA documents for design or construction, to which E would be attached, already include those provisions. The Client further agrees to indemnify, defend and hold XYZ Architect harmless from and against any and all claims, iaa, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees occurring to or resulting from any and all persons, firms or any other legal entity, aiaa account of any damage or loss to property or persons, including, but not limited to, death arising out of the use, reuse or modifications of the XYZ Architect’s drawings, specifications or other documents.
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Practice Management Member Conversations
Turning a Project Over to Another Architect. I designed a new church building for a local congregation several years ago. From a Contract Documen Having been put in similar situations, at the very least I would have the client sign a letter xia You WILL need the advice of an attorney experienced in professional liability for such an agreem What you need is a simple release, indemnity, and hold harmless clause.
Ee201 should qia say tha Thomas- No good deed goes unpunished I was eventually paid for the work I had done up to that point. Fast forward to today and now they want to move ahead with just a small portion of the project.
However, a local architect has since joined the congregation and is offering to do the project pro bono. They have asked if I would be willing to turn over the CAD drawings to this new architect so he doesn’t have to start from scratch.
I don’t have a problem in principle but I am concerned about liability issues. Is anyone aware of a resource that might help me draft an agreement that would protect me from any future liability?
Or, maybe I’m just being paranoid. The other architect is an acquaintance and has a good reputation. Any advice would be appreciated. We also have two documents that deal with the exchange of digital data: Talk with your liability insurer.
See other AIA Trust risk management resources. The other Architect must also give yuou a release that he has checked the drawings and will take full responsibility for their reuse. Newport Beach CA You could spend much more money defending yourself in court.
Practice Management Member Conversations – AIA KnowledgeNet
Do not rely on an agreement you find on the internet from LawyersRus. You need an agreement that addresses this specific situation. Even with the agreement signed by the church and the other architect, you could still be liable if your original drawings are used.
And, no offense intended, but if the new architect uses your original drawings, he could also be at greater risk by using drawings that may contain errors that he did not create. I’ve done many church projects in pro bono or “at cost” arrangements, because despite denominational differences, it’s all for a great purpose.
Even if you want to trust the church and others with a like purpose, you still have to protect yourself from third-parties who have less generous hearts. It should basically say that the architect assuming the drawings assumes full responsibility and releases you from any responsibility and liability.
E210 attorney should be able to draft the appropriate document. Get a legal release that your attorney draws up, and get the church to pay for it. This thread already has a best answer. Would you like to mark this message as the new best answer? Powered by Higher Logic.