Question:

The client said that I have to give my CAD files to the contractor or else there will be an extra charge from the contractor. We don’t want to do this. The Client says he has paid us, he should own what he has paid for, so what is the problem?

Answer:

 This is a frequent issue and a question with many nuances. Copyright and ownership of the Certificate of Practice holder’s instruments of service (which includes the drawings) belongs to and remains with the holder unless given away via contract or a written license release. Under the OAA standard forms of contract, the client has a right to use the instruments of service for the purpose intended (e.g. the client’s contractor uses them to build from). The instruments of service as defined, do not include CAD or BIM files.

The contractor should not expect to be given editable CAD or BIM drawings files unless it is so stated in the written specs or bid documents and thus the contractor should have no claim for an extra. This is another example where it is important that the holder’s contract with the client be consistent with the construction contract.

The RAIC Practice Builder 19 – The Exchange and Transfer of Electronic Documents – 2010 (Since withdrawn), noted: “As leaders in the design and construction industry it is important that Architects cooperate with clients and contractors in a manner that promotes efficiency, innovation and a reduction in the amount of paper consumed. Architects have the following concerns regarding the distribution of electronic files:

• The need to ensure protection of their intellectual property and copyright;
  
• the need to ensure that there is no additional liability or increased risk to the architect when distributing electronic documents; and
  
• the provision of digital or electronic documents is not effortless and there is a need for appropriate compensation for providing electronic files.
  

As there is additional liability with the release of editable drawing files, holders should seek release and indemnification from those receiving the files, and the files should contain disclaimers about the status of the files (completeness, coordination, etc.) and the purpose for which they may legitimately be used.

There are legitimate reasons for others to request the editable drawing files. Sophisticated contractors may want the files in order to produce as-built drawings. Owners may want the files for use with their facility
management systems.

References:
RAIC Canadian Handbook of Practice 3^rd Edition, Part 6, Chapter 6.4, Appendix A
RAIC Practice Builder 19 – The Exchange and Transfer of Electronic Documents – 2010 (Since withdrawn)
OAA Practice Tip PT.14 Record Drawings, As-Builts, Measured Drawings