AboutPaul S. Brown, AIA Expertise How to work with an Architect. What to expect for design fees. What services are normally
included; what are not included? How do I find an Architect in my area? Why do I need an
Architect? How to be clear about your space needs. Why time must be managed properly.
Experience 24 years involvement in the practice of Architecture, including some teaching experience. Most of my work has been within the employment of various firms, but I have also done some small-scale projects on my own.
Particular interests include Environmental Design, "Green" Design, and Appropriate Technologies. LEED (TM) Accredited Professional.
I have some specific experience with Historic Preservation, Medical Facilities, Commercial Interiors, and Public School projects.
Education: Bachelor of Environmental Design Degree (Architecture), 1978, Miami University in Ohio. I am registered to practice professionally in the states of Massachusetts and Maine.
Question What is the best thing to do when you find out that an architectural firm handed out the designs you made from scratch to be bidded against? It was for a large signage project and we created the designs from scratch. We found out, by mistake, that the architectural firm had cropped our final product images out and sent packages to other competitors of ours. The GC for the project contacted our company asking if we had received "the package" of the signage they were needing bids on....it was all of our designs...even the graphic images we produced. We did have "ownership of design" statements on our quotes and designs. It's a large architectural firm and a HUGE project we were trying to win. Any suggestions on how to handle the matter? Thank you.
Answer Ouch!
Mandy; this seems incredibly rude, at the least, if not downright illegal. But, I am not an attorney, and this definitely seems like a legal question. Does your firm have an attorney that you work with on a regular basis? Who wrote the 'ownership of design' statement that was on your design work? Was that person an attorney? They would seem like the right person to handle this question; whoever wrote that statement. Do you belong to any sort of professional association for graphic designers, or such? Your professional organization may have legal resources for you also.
You were not hired and paid to do the design work, right? With the understanding that it would be publicly bid for the actual fabrication? If you were hired and paid to do only the design work; then you might not have anything to complain about. But, if you did the design with the understanding that it was a lead-in for your company to get the fabrication and installation work, and not for general bidding use, then you definitely have a valid complaint.
First; call the architecture firm, don't talk to anyone but the 'boss', and tell him or her exactly what you expect .... now that the material has been distributed without your consent.
Next, if they don't respond favorably, and you still feel you have been wronged, you might considering drafting a complaint letter to the American Institute of Architects. Give your adversary the opportunity to see the letter before you actually mail it, and they might fold their cards. If not, call in the lawyers.
Good luck; I hope it does not need to go to the lawyer stage.
Very sorry to hear that one of my peers apparently may have behaved in an unfair manner towards your firm.
- PB
