Q: How to transfer copyright and E&O liability for architect drawings in Illinois?

A: Transferring copyright and liability for architectural drawings in Illinois requires a written agreement between both architects. The original architect must assign the copyright to the new architect through a formal document, typically called a copyright assignment or transfer agreement. This document should outline the scope of rights being transferred, ensuring the new architect has the legal ability to modify and use the drawings as needed. Without this transfer, the first architect retains ownership, even if the drawings are used by someone else.

For Errors and Omissions (E&O) liability, things get more complex. Liability usually remains with the original architect for work completed under their supervision unless a contract states otherwise. The new architect can limit their liability by clarifying in a contract with the city that they are only responsible for new work or modifications. Insurance companies should be consulted to determine if coverage is needed for prior work or if a waiver of liability is possible.

Since no prior agreements exist, both architects should negotiate terms that protect their interests. The new architect should request written confirmation that the first architect relinquishes claims over the drawings while also ensuring they aren’t taking on unintended liability. The city contract should also reflect these terms to prevent future disputes. A legal professional familiar with architectural contracts can help draft precise language to protect all parties involved.