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Using the Plans but not Using same Contractor to Execute the Plans (Plans vs. Build Out)
Posted on 7/21/22 at 2:30 pm
Posted on 7/21/22 at 2:30 pm
We are doing a massive reno to our landscape and met with a designer/architecture company and paid for a comprehensive design - That is fully paid for - it was fantastic but their proposal to complete what the plans laid out was astronomical.
They had a line in their contract about owning the copyright of the design.
My wife started calling a bunch of subcontractors and realized that their upcharge was in the neighborhood of 300% - we could do a bunch of the stuff by finding the sub to do the work, including finding some of the hardscape supplies at Lowes/HD -
Does anything keep us from moving forward with just the design and finding others to do the work? Is it bad form or does that even matter - I mean it would cost so much more
They had a line in their contract about owning the copyright of the design.
My wife started calling a bunch of subcontractors and realized that their upcharge was in the neighborhood of 300% - we could do a bunch of the stuff by finding the sub to do the work, including finding some of the hardscape supplies at Lowes/HD -
Does anything keep us from moving forward with just the design and finding others to do the work? Is it bad form or does that even matter - I mean it would cost so much more
This post was edited on 7/21/22 at 2:46 pm
7
Posted on 7/21/22 at 2:45 pm to bamatiger90
Add an extra agapanthus and feel no guilt.
Posted on 7/21/22 at 3:05 pm to bamatiger90
Change the plans just a little and roll with it
Posted on 7/21/22 at 3:15 pm to bamatiger90
seems like if you paid for them to make the design and they didn't do the work and you don't own the design then the contract with them lacks consideration
Posted on 7/21/22 at 3:41 pm to bamatiger90
quote:
We are doing a massive reno to our landscape and met with a designer/architecture company and paid for a comprehensive design - That is fully paid for
quote:
paid for a comprehensive desig
quote:
That is fully paid for
Sounds like you own the plans and comprehensive design, and that is why they charged you for the plans and design. As I see it, you now OWN the plans and design and can do whatever you decide to do with them. If you're feeling skittish about it, ask if they will refund you for the plans and design if you return the drawings, and that will give you the answer you need to move forward.
Posted on 7/21/22 at 3:56 pm to jmon
Typically this clause is so the designer/architect can reuse that design on another job without the OP's approval. Boilerplate stuff.
ETA: OP is good to go with doing what he wants with the plans. He got a service that was paid for. Hypothetically if he wanted, he could take that design to another designer and have them finish it (if it were a house/building)
ETA: OP is good to go with doing what he wants with the plans. He got a service that was paid for. Hypothetically if he wanted, he could take that design to another designer and have them finish it (if it were a house/building)
This post was edited on 7/21/22 at 3:58 pm
Posted on 7/21/22 at 4:17 pm to modes
Excellent - Thank you
Posted on 7/21/22 at 7:41 pm to bamatiger90
quote:
hey had a line in their contract about owning the copyright of the design.
that is complete and total BS, but if you want to be sure, all you have to do is make a small change to it like different plants or turn something a different way and its no longer their design. im sure there is something there you think would be better turned to the left or right or a different shrub, flower, or bush
Posted on 7/22/22 at 10:19 am to modes
quote:
Typically this clause is so the designer/architect can reuse that design on another job without the OP's approval. Boilerplate stuff
You nailed it, modes
Posted on 7/23/22 at 3:42 pm to bamatiger90
In most cases the copyright means that you can't distribute the plans, it is intellectual property for a specific job, however, if you paid for them for your house, you can use them. Also, if you change things more the 20% it also usually over rides intellectual property rights.
*Not a lawyer* Just some things I've run across in the past*
*Not a lawyer* Just some things I've run across in the past*
Posted on 7/23/22 at 9:19 pm to bamatiger90
Did you pay for the design or not?
Big red flag is every other place coming in so low.
You should be asking the initial company about ways to cut back and save.
Big red flag is every other place coming in so low.
You should be asking the initial company about ways to cut back and save.
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