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andrea
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| Joined: | Fri Jan 6th, 2006 |
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| Posts: | 407 |
| Exams Taken: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Exams Passed: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Describes Me: | Done!!! |
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Posted: Fri Sep 26th, 2008 07:35 pm |
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shinto -
it's kind of long, but here's one from the web:
http://discussion.autodesk.com/forums/thread.jspa?threadID=435273
good luck.
andrea
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jeckle303
Member
| Joined: | Mon Jul 18th, 2005 |
| Location: | Architect - San Diego, California USA |
| Posts: | 78 |
| Exams Taken: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Exams Passed: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Describes Me: | |
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Posted: Fri Sep 26th, 2008 07:38 pm |
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andrea wrote:
shinto -
it's kind of long, but here's one from the web:
http://discussion.autodesk.com/forums/thread.jspa?threadID=435273
good luck.
andrea
Thanks, I had come across that one as well, and just felt it was overly long. Thanks though.
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shinto909
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| Joined: | Fri Dec 21st, 2007 |
| Location: | Chicago |
| Posts: | 433 |
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Posted: Fri Sep 26th, 2008 07:46 pm |
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| thanks andrea, i do like the wording about not replacing paper copies
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andrea
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| Joined: | Fri Jan 6th, 2006 |
| Location: | |
| Posts: | 407 |
| Exams Taken: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Exams Passed: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Describes Me: | Done!!! |
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Posted: Fri Sep 26th, 2008 07:52 pm |
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Sorry, jeckle and shinto, I misattributed the original question to shinto.
No doubt about it, it is long. The firms I have worked for have had somewhat shorter ones. If I turn one up, I'll post it.
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shinto909
Member
| Joined: | Fri Dec 21st, 2007 |
| Location: | Chicago |
| Posts: | 433 |
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Posted: Fri Sep 26th, 2008 07:55 pm |
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no worries, the 303 and 909 is probably what threw you  i just noticed that myself
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wograr
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| Joined: | Thu Jul 21st, 2005 |
| Location: | Boston, Massachusetts USA |
| Posts: | 403 |
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Posted: Sun Sep 28th, 2008 01:21 pm |
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jeckle303 wrote: brudgers wrote:
Then again, I don't shoot CAD files off to just anyone. There has to be a damn good reason for it, and regurgitating my CAD files as shop drawings is not one of them.
We also work with interior designers (not directly contracted with us) and food service equipment providers (not directly contracted with us), the lease plan was an example of where the CAD release could be used. There are several other instances that it would be helpful to have the release drawn up.
Give them dwfs or pdfs and they can use them as underlays. You are under no obligation to make the jobs easier and more profitable. Let them re-draft their own CAD files if they need more than just underlays. Why put youself at risk?
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brudgers
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| Joined: | Thu Jun 1st, 2006 |
| Location: | The Moment |
| Posts: | 7339 |
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Posted: Mon Sep 29th, 2008 04:34 pm |
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shinto909 wrote: Coach wrote: You are confusing construction with contract documents.
i am not confusing anything.
heres an example from a true story:
an architect used a nonstandard contract and did not reference 201 and did not disclaim responsibility for construction means and methods.
2 subcontractors were working on the ceiling of a two story space off of 2 ladders with som planks between them. ladder broke and 1 guy died. the architect was sued and went out of business. as i said, true story
Why didn't his insurance carrier defend him or settle the case?
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golfernut78
Member
| Joined: | Fri Jul 14th, 2006 |
| Location: | Euless, Texas |
| Posts: | 218 |
| Exams Taken: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Exams Passed: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Describes Me: | licensed architect - texas |
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Posted: Mon Sep 29th, 2008 11:10 pm |
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jeckle303 wrote: Looking for suggestions for putting together a CAD release form. I don't need something ridiculously long or elaborate, just simple and straight forward that gets the point across and covers the legal bases. If anybody has an example, or ideas of what should/shouldn't be included I'd appreciate the help.
here is what we use when we release CAD files to other companies/clients and not consultants for the project. also, when it comes to releasing drawings we will only release the floor plans and exterior elevations. when i release floor plans it is stripped down too; no RCP, grid lines, door numbers, dimensions, wall types, etc...
Electronic Data File Release
READ BEFORE USING
In order to use XXXX’s files, you must agree to the following:
In accepting and utilizing any drawings or other data on any form of electronic media generated and provided by XXXX, the user covenants and agrees that all such drawings and data are instruments of service of XXXX, who shall be deemed the author of the drawings and data, and shall retain all common law, statutory law, and other rights, including copyrights. All such data provided by XXXX are accepted “as is” with no warranty or representations as to accuracy or completeness. Electronic data are provided for the convenience of the recipient only. Any inconsistencies the recipient discovers will be reported to XXXX and will be corrected by XXXX.
The user agrees to waive all claims against XXXX resulting in any way from any use of the drawings and data for any other project by anyone other than XXXX.
In addition, the user agrees, to the fullest extent permitted by law, to indemnify and hold XXXX harmless from any damage, liability of cost, including reasonable attorney’s fees and costs of defense, arising from any changes made by anyone other than XXXX or from any reuse of the drawings and data without the prior written consent of XXXX.
Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the user be deemed a sale by XXXX, and XXXX makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Similarly, XXXX will not be responsible for damages resulting from extraneous programs or “viruses” which may be unintentionally transferred along with data or drawings provided by XXXX.
The recipient accepts responsibility for confirming with XXXX that the electronic file is current at the time of use by the recipient. The recipient also agrees to hold XXXX harmless for any cost or damages incurred due to the recipient's use of an outdated electronic file and for any costs associated with updating of the recipient's electronic files in the event of future revisions by XXXX
Received and Acknowledged by:
[size= ]
Printed Name:
[size= ]
Company Name:
XXXX Project: ________________________
[size= ]
XXXX Project #: _____________
[size= ]
Date: _____________
Drawing Issue Date: _____________
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jeckle303
Member
| Joined: | Mon Jul 18th, 2005 |
| Location: | Architect - San Diego, California USA |
| Posts: | 78 |
| Exams Taken: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Exams Passed: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Describes Me: | |
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Posted: Mon Sep 29th, 2008 11:14 pm |
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| Thanks golfer, that is definitely along the lines of what I am looking for.
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golfernut78
Member
| Joined: | Fri Jul 14th, 2006 |
| Location: | Euless, Texas |
| Posts: | 218 |
| Exams Taken: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Exams Passed: | PD, GS, LF, ME, BD/MM, CD, SP, BP, BT | | Describes Me: | licensed architect - texas |
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Posted: Mon Sep 29th, 2008 11:20 pm |
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jeckle303 wrote: Thanks golfer, that is definitely along the lines of what I am looking for.
no problem
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zedcorrado
Member
| Joined: | Tue Sep 6th, 2005 |
| Location: | Architect, LEED AP |
| Posts: | 295 |
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Posted: Wed Oct 1st, 2008 01:35 pm |
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my old firm had this in the body of their Electronic File Transfer Agreement...for what its worth
The undersigned hereby requests Architect Name to provide drawing files in an
electronic file format as described above.
The undersigned acknowledges that the true and accurate record of the design is the
most recent issued printed hard copy of the design, not the requested electronic data.
The undersigned agrees to hold harmless and indemnify Architect Name from and
against all claims, liabilities, losses, damages and costs, including but not limited to
attorney’s fees, arising out of or in any way connected with the modification,
misinterpretation, misuse or reuse by others of the electronic information provided by
Architect Name.
Electronic file data is provided for undersigned’s sole use and convenience. It is for
use on, and is subject to the contractual provisions of the above-referenced project
(separate projects require separate EFTA forms). These files are an instrument of
professional services rendered by Architect Name. Unless otherwise provided for in the
Agreement for Services, reuse of these files, including the designs and information
included therein shall be at the sole risk of the user and may be construed as
copyright infringement.
Upon return receipt of this signed agreement to Architect Name, the drawing files
described above will be transmitted to the requestor via courier, electronic mail, or
posted on the Architect Name file transfer protocol site or project web site.
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