CA - Termination

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FlorenceY

May 18, 2025 21:09

After owner terminated the contact, no fault from arch. owner have to pay to arch. for continues use the arch drawing?

After arch. terminated the contact, no fault from owner. can owner continues use the arch drawing?

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  abruno168 May 19, 2025 13:02

  The architect and their consultants are the copyright authors and owners of the instruments of service (section 7.2 of B101), and the owner is granted a temporary license to use the instruments of service to construct the project, and is only temporary for building the project unless agreed to otherwise. If the contract is terminated, the license to use the drawings that has been granted to the owner, unless designated otherwise, is void. They would then carry the liability of constructing the drawings under a different architect, contractor, etc. If the owner terminates the contract, and decides to hire another architect, etc. to utilize the initial architect's instruments of service (drawings, specs, etc.), the initial architect is indemnified for any of the work that is carried out with their instruments of service (section 7.3.1 of the B101).

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  JCorrington May 19, 2025 18:18

  Read the contracts! A201 & B101 will cover this in detail.

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