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?

[Rafal SLEK]

2Random wrote:
...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."

It is job for Virtual Building Explorer. It is easy to sell VBE file as CAD model, since it use layers, some options for ceiling could be prepared earlier.

[Jere]

Steve wrote:
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....

I allow my clients the option to print. After all, that's what they've paid us for. However, the document is otherwise protected (no editting, copying, etc.) My reasoning is that they can otherwise just make photocopies of the hardcopies.

I'll modify this policy based on the client though. I'm more strict with residential clients.

[Steve Jepson]

Actually, all some of us are selling is the right to use the plans for one project only. We are not selling them them any copy rights at all.
The plans can be provide on paper that can not be copied either.
They will have to trace it to steal it.

[TomWaltz]

Given the situation described, with no prior contract agreements about providing the model, I'd be hesitant too.

A lot of the Integrated Project Delivery stuff going on now requires model sharing between all the parties on the project, but the legal entities and fees involved are very, very different.

[Anonymous]

TomWaltz wrote:
Given the situation described, with no prior contract agreements about providing the model, I'd be hesitant too.

A lot of the Integrated Project Delivery stuff going on now requires model sharing between all the parties on the project, but the legal entities and fees involved are very, very different.

IPD might work in commercial (most likely large) projects, where building the same hospital without designer is impossible, but in the world of residential architecture it is plain stupid. I have seen it a lot of times where GC just copied set of drawings and issued for different client.

[Rick Thompson]

There is a huge difference in the residential and commercial market. Being residential you can point him to any online plan service (including mine) and he can see there is a premium fee for CAD files. It is also the state of the industry to supply CAD file, like it of not, for an additional fee. Of course, it should be stated, if you ever do provide CAD files, if they have the the right to modify them or not. Typically, if you do give them the right to modify them, they must note the modifications and the liabilities are then assumed. I place my copyright info on all plan, and that they are "Standard Contract Documents". That is the legal way to draw a line as to any additional modifications. I have been doing this for years (25 - 30) and have never had an issue.

Again, like it of not, the residential industry is based on this. It is just not reality to custom design a home for every instance... so people like CAD files and a release and/or reuse fee agreement. Often contractors need the files for engineering and what not. I too would agree that if they are trying to take advantage of you, then that is another story. But, it is normal these days, and normally agreed upon up front... and charged for.


Am I stupid

[Anonymous]

Thanks everyone for you input and suggestions. I feel a lot better about turning the contractor down- he really was starting to try to "bully" me into just giving him the file.

I've only been using ArchiCAD for a couple of years now so my contract always referred to AutoCAD files as being proprietary and that if the client wanted the AutoCAD file he could pay an additional fee (and it would only be the stripped down base file- no details, etc.).

This is the first issue that I've run into with ArchiCAD specifically, it just seems like lately everyone is trying to get "something for nothing" and screw me over in the process!

[Anonymous]

Do not give the client any CAD files!
Several years ago when when everything was hand drawn you did not give the originals, did you? Now your CAD file is the original.
Locked PDF is the only option I use.

[Anonymous]

Just to add a cent to the post,
I would not trust to much on PDF security issue:

http://www.scs.cmu.edu/~dst/Adobe/Gallery/PDFsecurity.pdf

I did not test any of those but there are even tools that claim to do that:

http://www.a-pdf.com/security/restrictions_remover.htm

Want to be 99% sure? Send a raster instead

[Anonymous]

Yes, PDF's passwords can be broken but then you'll get just lines and fills. If you send the model, you send walls, slabs, Library parts, template, materials, etc.