Kansas Architect Contract for Design
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How to fill out Architect Contract For Design?
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FAQ
Under copyright law, the architect who prepares architectural plans and drawings is considered the author and owner of the copyright in those plans or drawings, unless there is an agreement to the contrary.
You might easily assume that once the project is finished and paid for, you own the full rights to it. However, that's not necessarily the case. Copyright law assigns ownership of a piece of work to the person who actually created the work. That means it automatically belongs to the designer.
A copyrighted work is owned by the author of the design at the time it is completed in hard copy or digital form. Absent a written agreement to the contrary, the owner of the copyright is the engineer, architect or designer who produced the design.
In 1990, Congress passed the Architectural Works Copyright Protection Act (AWCPA) to protect the design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings, including the overall form as well as the arrangement and composition of spaces and elements
EPC contractors are often handed little more than performance requirements (output levels, uptime levels, maintenance expense maximums, etc.), whereas most design-build contracts provide at least some design detail in the bridging documents.
The basic elements that should be addressed in an agreement between an owner and architect include (1) the owner's objectives for the project, (2) the architect's scope of services and a description of the drawings or other deliverables the architect is to furnish; (3) the fees to be paid for providing those services
The Joint Contracts Tribunal (JCT) Design and Build Contract (DB) is intended for use on construction projects following the design and build procurement route. This involves appointing a main contractor to design (or complete the design) of the project and then to go on and construct it.
Thus, while architects and engineers may own their original models, drawings, and specifications, they do not own their designs. Copyrights belong to the author of the work, except works "for hire," created as part of the author's employment.
In the Design-Bid-Build delivery, the owner contracts separately with the design firm that produces the construction documents, and the builder that physically builds the building. This is the traditional method, and is based on the sequential process of design, construction documents, bidding, then construction.
Use of the Design-Build family of AIA Contract Documents is appropriate when the project delivery method is design-build. In design-build project delivery, the owner enters into a contract with a design-builder who is obligated to design and construct the project.