Hi all - I come seeking advice.

First the background. For years we have been working with a company to supply both architecture and materials for our planned new house. We have reached planning permission and are close to having building regs approval. The contract we have with them stipulates that we cannot use their drawings to build the house unless it is part of a package of materials supply.

For various reasons which I won't go into here, the relationship has broken down and I think that both parties now wish to exit from the contract. We will pay some money for the work done and compensation
to get out of the contract. In exchange we want to get the ability to continue with the build. The negotiations and contract have yet to be done and this is where I need some help.

Specifically, what should I be requesting from them in order to continue with the build?

My thoughts so far:

* Copyright on the house design (or at least a license to use and
modify the design).
* Full architecture drawings in AutoCAD format.
* All structural engineering calculations.
* Introduction to structural engineer (who is independent).
* SAP assessment report(s) (no CSH).
(I already have contact with the SAP assessor and even if I have to get it
redone the cost is relatively low.)

What else should I be seeking?

Thanks,
Mark.

With all the expertise you have, incl prob acquired during the course of this collaboration, couldn't you sort of reverse engineer the design? Or another sufficiently different design? Re-doing it yourself, and/or with new consultant, might be cheaper than the ransom, as well as an opportunity to perfect and have second thoughts?

Copyright in Architecture is near enough unenforceable, I find, or can be circumvented with sufficient differences - so they were foolish to try to acquire value by restrictive agreement. They could have made good money by other kind of agreement, which above all only endures as long as there's genuine trust and mutuality. Once that's gone, it's stupid and unreal to try to extract further value.

Posted By: fostertomWith all the expertise you have, incl prob acquired during the course of this collaboration, couldn't you sort of reverse engineer the design? Or another sufficiently different design? Re-doing it yourself, and/or with new consultant, might be cheaper than the ransom, as well as an opportunity to perfect and have second thoughts?

This is the fallback position. Even then contractually we are liable to pay them architecture fees and it would introduce a delay, with the potential to have to go through planning again, which we would rather avoid. If we can't reach a mutually satisfactory agreement, then this is probably the route we will follow.

Posted By: fostertomCopyright in Architecture is near enough unenforceable, I find, or can be circumvented with sufficient differences - so they were foolish to try to acquire value by restrictive agreement. They could have made good money by other kind of agreement, which above all only endures as long as there's genuine trust and mutuality. Once that's gone, it's stupid and unreal to try to extract further value.

I understand, agree to an extent and will take it into consideration.

Please be aware it's just possible the other party are reading this. No harm in them seeing that you wish to exit the agreement cleanly and fairly.


Although it's galling to settle for "permission to use" what is largely your own design it's probably the most pragmatic route.


SAP as you say is small beer, structural calcs on the other hand well worth having.

You will need the "approved plans" i.e. the set with the local authority stamp and the planning permission document. A copy of all correspondence they may have had with planning authorities should be available from the council - worth checking this is the case.

best of luck!

RobinB