Orlando, FL asked in Construction Law for Florida

Q: How do I get CAD plans from an architect?

I paid an architect for house plans, their in-house general contractor can't build the house within my budget as promised in the beginning so I found a general contractor who can build within my budget but the architect is refusing to release the CAD plans to him rendering the plans I've paid for in full useless. What can I do?

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1 Lawyer Answer
Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
  • Construction Law Lawyer
  • Saint Augustine, FL
  • Licensed in Florida

A: This is an unfortunate situation, however, when dealing with a builder's new home architect, it is likely that the plans are merely a repetition with slight variation on plans the architect has previously designed for the builder and for which the builder may own the license rights. It would be highly unusual for the builder to enter into an agreement with a prospective owner that would allow for the use of these plans regardless of whether or not you decided to eventually use its services, but stranger things have been known to happen. As with most issues regarding construction disputes, a review of the specific facts and all of the terms and conditions of the written agreement are required to provide anything more than the most general of thoughts. If the amount in dispute is significant, the investment in a consultation with an experienced construction attorney to review and provide guidance may be worth your while. What is a certainty is that engaging counsel to review the proposed construction agreement for the new home before signing is absolutely worth doing.

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