Client / Contractor request for ArchiCAD model file

[Anonymous]

I have a client for which I did a small residential remodeling project for and I generated an archicad 11 file with the Kitchen, Great Room, Entry, Dining Room, etc. all with custom materials, textures, objects, lighting and full framing / construction, etc. The client is pretty cheap and was always trying to get something for nothing. I had saved out many 3D rendered images of the different areas with furniture and ceiling conditions until the client was pleased with everything.

I completed the project and the client obtained a permit and started on construction. Recently, I received a phone call from the Contractor (who claims to be an ArchiCAD user) and he wants me to "give" him my ArchiCAD model file so they can "look at the 3D views and come up with other ceiling options." In my opinion, this is what the client should pay me to do with him (btw, I bill hourly with a "not to exceed" figure so however much time it takes or changes the client wants, he pays for them. If it goes fast, then they don't pay as much- but it's not a fixed per project fee and it's pretty modest).

I am hesitant to release my file to the contractor, especially when it sounds like the client has changed their mind after the fact and is trying to circumvent paying me to make changes. The contractor was getting all huffy with me and couldn't understand why I wouldn't just give him the file. Am I being unreasonable? This is a private client, not a city or government project. What are others' policies on releasing the ArchiCAD file to clients or contractors in this type of situation?

[Karl Ottenstein]

2Random wrote:
... Recently, I received a phone call from the Contractor (who claims to be an ArchiCAD user) and he wants me to "give" him my ArchiCAD model file so they can "look at the 3D views and come up with other ceiling options." In my opinion, this is what the client should pay me to do with him (btw, I bill hourly with a "not to exceed" figure so however much time it takes or changes the client wants, he pays for them.

...The contractor was getting all huffy with me and couldn't understand why I wouldn't just give him the file. Am I being unreasonable?

You are absolutely not being unreasonable IMHO. Presumably you had an understanding, if not a written contract, specifying the 'deliverables' for the project. If the model was not part of that, there can be no expectation that you would deliver it ... and certainly not deliver it without an additional fee.

If they insist that they want the model, and not to have you do more revisions for some reason, then you could consider figuring out some price to attach to it. But, again IMHO, you should cover yourself for liability since the model was no doubt adequate for construction documents but may not be perfect in other ways. There may be some ideas in the AIA BIM documents:
http://www.aiacontractdocuments.org/bim/

Hope you reach a smooth resolution.

Karl

[Edited: typos]

[Richard Morrison]

I agree with Karl, but I probably would not be as generous.

1) You have no obligation to the contractor at all. He is not your client and you have no duty to facilitate his redoing YOUR design behind your back and taking away your prospective fees.

2) Unless you give him a very stripped-down model, you would be giving away a lot of hard work that he could then reuse on other projects of his own, for free. (i.e. you would be giving him your own office "template.") This has happened to me.

3) If he WERE an experienced ArchiCAD user, he could recreate the spaces in question, probably in a matter of minutes.

In short, I would feel fine about just saying, "no." (Although I might say it in capital letters.)

[Erich]

I completely agree with Karl and Richard as well.

If you still think you might hand over the model, talk with your lawyer first as I am certain they will have a lot to say about such a practice and the liability you expose yourself to in the process. Your insurance company may also have things to say about this.

Follow Nancy Regan's advice...just say no.

[Dwight]

Sometimes folks get to thinking they own what they don't, just because they gave you some money for something.

I had a similar experience to you when asked for a model that I developed to produce a moulding catalog. The client decided that the graphic designer of the catalog could do a cheaper job than i did, so I got the call.
"Just send over the model, eh?"

I advised them that the cheese had fallen from their biscuit.

[Anonymous]

If you type into Google the keywords "instruments of service"
you will find several discussions that relate to this issue.
Peter Devlin

[Jefferson]

Sounds like all advice is in the same direction, as it should be..............

I did a remodel project a while back for a client who had earlier done work with an Autocad based architect on the same structure. When the client asked for a copy or the autocad file, to expedite my process, [it was the site plan I was hoping for ], and save the client money they were told the electronic file was proprietary and would not be available.

Sounded good to me then and and still does. Electronic files belong solely to you

[Steve Jepson]

never give them the CAD files!

[Mark Wallace]

Steve wrote:
never give them the CAD files!

DITTO!

The same old saw, only with different words......Let's see;

In the late 60's was 'Sepias.'

In the late 70's it was 'Mylar Reproducibles.'

In the late 80's it was 'Vellum Reproducibles' from a large format copying machine.

In the late 90's it started out as a CAD file until folks like your contractor discovered how many flavors of CAD there really is (Giving then an excuse to dis you in other ways)!

If they want a 'CAD' file.....give 'em a PDF; And only after you get paid for your efforts!

And with some creatively diplomatic patience and persurverance, you too can manage your client and contractor. Afterall, the contractor is not the design professional (Although he thinks he is )

The thing is to get paid and don't give your work away.

Good Luck!

Mark


ArchiCAD 12 2675 USA Full + 11, 10, 9 & 7, Mac G5 Dual 2.3 Ghz, 1.5 Gb, OSX.4.11, HP T1100, Epson R1800

Mark R. Wallace AIA
---------------------------------------
Mark Wallace Architect
Collegeville, PA

[Steve Jepson]

Yes. PDF And they only get a locked copy of that.
The Adobe Acrobat has very good security options that can require digital signatures and passwords to even see the documents.

They can review the locked copy with my invoice. If they pay the bill I will send them the password to unlock the file, but I can still control what they can do with the file. What layers they can see, No print, No edit, No copy, etc....