Q: Who owns Architecturals? Previously planned for 3bldgs (12 apt each) - he only built 1 bldg. Sold remaining land to me
Previous owner/developer & I are on good terms. He built bldg 1 around 2005. I purchased the remaining land last month and want to build the other 2 bldgs as they are designed.
Problem is the Engineer who designed/engineered all 3 bldgs is now basically retired. I reached out to him (he’s a friendly guy) and asked him if he would be interested in recertifying the plans and making any minor revisions (assuming some minor changes to bldg code from 2005 to present) - he declined stating he was not interested in doing any multi family work, he had scaled down his operation and was only doing small residential jobs.
My question is...I want to build these remaining 2 bldgs so they are identical to the first bldg...can I bring in another architect and copy the exact designs & certify for submission to permitting. Do I have to negotiate some sort of licensing deal with the original engineer? Ideally I want to hire the original engineer but he has NO interest. What is my best move?
A: So you are asking if the original engineer, or the original owner, has some sort of copyright protection. Probably not, but I would consult with a new architect and get that person's opinion. You might also send the original owner and engineer letters declaring your intent to use the design and ask them to let you know if they have any problem with your plan.
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