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Electronic Design File Release to Client

Electronic Design File Release to Client

Electronic Design File Release to Client

(OP)
    
It is lately becoming the norm for clients and/or contractors to ask the site engineer for the electronic design files for projects.  This seems to apply both for commercial and residential land development.

On the one hand, it can be a time saver for the design engineer, especially for the horizontal control drawings.  For example, rather than putting a ton of effort into dimension plans, you can give the contractor the electronic drawings and let them stake it out.  (Rather than putting much more effort into the dimensioning plan for every curb and radius, or a large northing/easting table)

On the other hand, it seems as if you are almost giving them intellectual property beyond just the construction drawings (assuming you contract is only for construction drawings, and not specifying electronic copies).  It also seems to open the door for unscrupulous contractors/developers to perhaps change the drawings to suit their agenda.  

Have any of you experienced this situation, and what has been your philosophy or method of dealing with it?

RE: Electronic Design File Release to Client

At the company I work at we routinely provide the contractor/surveyor our electronic files for the reasons you stated.

We simply attach a disclaimer to the files saying they remain the sole property of our company and that the signed construction documents govern if the files are different. Also included is a statement that the recipient of the files holds us free from liability from the use of these files.

A statement like this is usually included on any electronic files we get for reference purposes. So it appears to be a fairly common practice.  

RE: Electronic Design File Release to Client

You know, with the large scanners available today than can scan 24X36, I really don't know how that the scenario you describe is preventable.  

The only thing I can see saving us from incurring liability in that situation is a SIGNED AND DATED WET STAMP on each drawing.  That is much harder to supply.  The local jurisdictions will have to pick up on this to make it work though.

Mike McCann
McCann Engineering

RE: Electronic Design File Release to Client

I have the same experience than bpattengale.

We receive pdf files and sometimes dwg drawing upon request in addition to a hard copy, signed and sealed. The electronic copies come with the appropriate disclaimers and a statement to the effect that the official copy is only the hard copy, signed and sealed.

It works for us and for the designers.

RE: Electronic Design File Release to Client

We normally share electronic drawings with other trusted engineering professionals when we joint venture.

Clients and Contractors will typically only receive pdf's for security.

RE: Electronic Design File Release to Client

We make the recepient sign a disclaimer similar to what bpattengale described.  Even then I will typically give it only to the GC and he can do what he chooses with it.

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