office organization 2

[paulb49]

I am trying to organize our drafting department and would appreciate any help. What I need are any kind of templates or forms that engineers would fill out requesting help or assistance, from the drafting department. I also need to request cad drawings (building footprints) showing walls, doors, ceiling pattern etc. from other companies such as architect firms, in order to put our work on the print, when I call and identify myself to the architects and make my request known they are rightfully worried about liability and request that I fax them a release form stating who I am, what I need, why, etc. is there a form already made up for this, a standard maybe, it would help to make my job so much easier.

Thanks in advance for any help you can offer.
Paul

 

[DRWeig]

Hi Paul,

I don't have a form such as you're looking for, but as a consulting engineer I would never give out plans to anyone except the owner of the facility (they're his plans, he paid for their development). If a contractor asks the owner for plans, and he in turn tells me it's ok, I'll e-mail them.

This has always been a rule around the offices I worked in, and I think it probably is getting more emphasis in these times of potential terrorism.

Just my two cents' worth -- whenever possible, ask the customer for the plans.

Best of luck with your organization project!!

Old Dave

 

[redtrumpet]

Getting a bit off topic here, but I want to comment on Dave's statement that the plans are the owner's because he paid for the development.

In Canada, drawings and specifications are instruments of service and the copyright properly belongs to the engineer or consulting firm, not the owner. I wouldn't be surprised if this is the case in other countries as well. In the real world, my experience has been that engineers knowingly or unknowingly relinquish their copyright, often under pressure from the owner.

From "Law for Professional Engineers", 3rd Edition, D.L. Marston:

"Copyright in engineering plans generally belongs to the engineer who authored the plans or to the engineer's employer if the plans were created in the course of such employment. Where an engineer prepares the plans for a client, and unless otherwise agreed, the client is precluded from reproducing the engineer's plans or repeating his or her design in a new structure without the express or implied consent of the engineer. Engineer-client agreements should include a provision that draws attention to this aspect of the engineer's copyright."

 

[DRWeig]

Hi RedTrumpet,

That's quite interesting -- in Tennessee, plans are considered "work made for hire" and are thus the property of the entity who paid the engineer or architect. In federal (US) contracts that I have worked, that clause has been specifically included. However, after reading your comment I spoke with a couple of my brothers in other states, and it appears that this convention varies even within the US.

I learn something new with every post I read in these forums, thanks to every one of you for sharing!

Happy Engineering!

Old Dave

 

[redtrumpet]

Dave - it should be noted that it is to the advantage of any party to obtain the most favorable contract terms possible. I have also seen many contracts where the owner has specified that he owns the documents. Many engineers, out of ignorance for the law or without realizing the liability consequences, accept this clause without a second thought.

It is interesting to note that in Canada courts have generally held that if the contract is silent on the ownership of documents, the courts assume that the intent is to transfer ownership of the documents to the client. In other words, if you don't aggressively protect ownership of your documents through contract language, you're screwed.

Also see my post in thread765-23417 for a web link on this topic.

 

[DRWeig]

Hi, RedTrumpet,

Excellent summary of this off-topic! It's something we all should think about, but unfortunately we often don't.

If the client doesn't have a legitimate need to own the plans (some do, for example the DOD) we should question it.

Happy days to you!

Old Dave

 

[Lovison]

I agree - I feel like I was brain dead. I've run your
copies and circulated them around our guys to read and
review. We will look into our procedures and review
the contracts much closer.

All of your input gets you all stars to me.

Thanks


Wayne E. Lovison
service-parts@naglepumps.com