A new architect using the instruments of services

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Dylan Russ

October 05, 2020 15:15

2 situations: 1. The owner hires architect A. The project is completed, owner pays promptly, etc. Years later the owner hires new architect B to do additions. According to B101, 7.3 the owner can use the instruments of service for the purposes of constructing, using, maintaining, altering and adding to the project. In 7.3.1 the owners such use in this instance will hold Architect A harmless. Can Architect B use architect A’s instruments of services to perform the addition? Or does other action also need to be taken to abide by NCARBs rules and regulations? 2. Agreement between architect A and owner is terminated. Everyone is payed for their services. Owner pays for continued use of Architect A’s Instruments of Service. They hire Architect B to finish the project. Can Architect B use these documents immediately? If not, What action then must be carried out? I feel like I haven’t gotten a clear concise answer to these questions. Thanks for the help, Dylan

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  carsonarchitect October 05, 2020 18:04

  Dylan ~

  This is a great question, and I personally feel that I do not have the 'testing' experience to properly answer; however, in real life (if you care to hear)?, I simply contact the previous Architect-A on behalf of my firm/client, to ask his/her company policy/protocol as to how I can ascertain the CAD files and/or survey.  Only once has Arch-A told me that they were not fully paid up; yet said it had been over 6-years, and since the owner/my new client was not the same client to Arch-A, Arch-A simply forwarded me the files as an industry courtesy.

   

  Now, I do look forward to hearing other's reply, again great question!!!

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  rebekkak October 06, 2020 14:30

  After construction is complete and architect A has been paid the contract is over. Architect A would have no way of knowing if the plans perfectly match what was built or is existing, so should not grant the use of the drawings. Realistically architect B would have to measure the existing conditions, and draw up that area or areas that will be impacted or are adjacent to the addition. Architect B could not use or rely upon architect A’s drawings for that. Hope that helps!

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