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Does a Designer have copywrite on her design?

E

ELLEN09US

Member
Joined
Oct 31, 2014
Messages
142
Location
LOS ANGELES
My client got ripped off by a designer (not a license) that produced a very bad set of construction and got permit for an ADU. At the bidding stage the contractor figured out about mistakes.
The client doesn't want to go through the whole process of redesigning again but there're many mistakes that should be corrected. including 5'x5' bathroom!!!! interior walls should be adjusted for better spaces.
I'm a CA license architect and I want to know if I redraw the plans and correct the mistakes on the drawings I would not be in trouble of steeling her DESIGN!!!
Thanks all!
 
If redrawn completely, it would be of your own design. Creating design similarities is different than copying. Use your own letterhead, your own details and figures, etc. Sounds like the wall layout will change anyways.
 
Thanks for you reply Ty!
Well,... not much. I need to combine couple of bathrooms in upper level and revising the lower level... but I'm going to keep the exterior elevations same.
 
You are not alone with this issue, does the draftsperson have a business license? Copyright the drawing?
Consider what you are doing to be shop drawings for the contractor.
What city was it permitted in? apparently permit minimum drawings?
 
I don't know if she has a business license and copywrite.. She might!
Yes, the building is permitted. Unfortunately Building and safety just cares about notes and corrections that does not bring any value o the drawings.
It's a good idea to consider my drawings as shop drawings but there's also changes of interior walls and bathrooms. Can I consider those also as shop drawings? I think I need a supplemental permit.
 
Consider the permit plans as the "to be built" and your plans as remodel/revision plans. You can also ask the AHJ what they prefer.
 
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