HYP #5 - Instruments of Service

Question 1

What are Instruments of Service and what’s the general principle?

Answer 1

Term used to describe drawings, specifications, schedules, sketches, renderings, etc.
-When client hires architect is hired it’s not b/c of plan but b/c of skills and services

Question 2

What contract and article defines ownership of the Instruments of Services?

Answer 2

Contract B101

Article 7 - Copyrights and Licenses

Question 3

B101 - Article 7 Copyrights and Services

Describe.

Answer 3

• Architect’s and Architect’s consultants are authors and owners of their respective instruments of service
• Architect grants non-exclusive license to Owner for Instruments of Services to owner for constructing and maintaining project
• If owner uses license improperly, Architect is Not Responsible

Question 4

Article that gives Owner license to use the instruments of service? what does the license include

Answer 4

Contract B101 - Article 7.3

• Grants owner non exclusive rights to use Inst. of Services for project in question
• Owner cannot use same plans to build 10 copies of bldg

Question 5

If owner insists on having Ownership to Instruments of Service what can architect do to protect themselves?

Answer 5

• Architect can include indemnification language..
• Protection for architect of the Inst. of Service from any claims that arise after the architect relinquishes copyright

Example: -Architect gives owner rights > owner modifies/buids noncompliant addition or dupl. bld .
> Someone is injured and sues everyone
>Architect is protected from indemnification clause

• Architect should also charge for copyright

Question 6

How can Owner get license to use instruments of service without architect’s permission?

Answer 6

Owner could get it though section 9.4
Stating that if owner terminates contract b/c architect has failed to substantially perform their responsibilities per contract