architect‘s responsibility when giving out license to owner to use his instrument of service

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    Gang Chen

    Without any context, it is hard to give a solid answer.  I am making an educational guess based on what typically happens.

    When the termination happens, an architect would normally have the owner sign a release form and pay a fee before granting the license for the owner to continue to use the instrument of service. The owner is supposed to hire another architect as architect of record and take on the responsibilities and liabilities of the project.

    The architect of record is the one who is liable. After the termination, the architect is no longer the architect of record.

    Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)

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    QIANG ZU

    This makes sense. Thanks. 

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    Valerie Galchenko (Edited )

    If the owners must have ownership of the Instruments of Service for some future use, the Architect should include indemnification language (hold harmless letter), basically saying the owner will indemnify them against any claims that might arise from the use of the Instruments of Service after the architect relinquishes the copyright. So the architect gives the owner the rights, the owner makes some noncode
    compliant modifications and builds an addition or duplicate building. Then someone gets injured because of the poor design and sues everyone. The architect will be protected by their indemnification clause with the owner. The architect should also charge $$$ for giving up their copyright.

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    Gang Chen (Edited )

    Who is the architect of record? It is the architect who stamps and signs the plans. If you work in a firm, and the firm’s owner does not stamp and sign the plan and ask you to stamp and sign the plan, you become the architect of record, and take on the liabilities.

    After you pass all ARE exams,  plus CSE if you live in California, you will soon get your license, you will run into people who want to pay you a small fee and ask you to stamp and sign their plans. My advice is: do NOT do it, it is not worthy. You are basically taking on most or all the liabilities as an architect of record and get a tiny portion of the fees. The risks way outweigh the benefits.

    Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)

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