Steve, Thanks for the fear of God factor. I will take your advice and "require that the installer sign a waiver and indemnification".
As well, all details will be deleted. Thank you, Bob Knight, CET III 208-318-3057 From: Sprinklerforum [mailto:[email protected]] On Behalf Of Steve Leyton Sent: Monday, July 24, 2017 4:05 PM To: '[email protected]'; [email protected] Subject: RE: Bid Drawings To echo what others have said, it's prudent to require that the installer sign a waiver and indemnification and you should also protect your intellectual property to the extent that you can and/or that such protections apply. We got tangled up in some really sh*tty work by installers who took our "bid documents" and mangled them, so we generally don't do that sort of work anymore except for a couple of our very best (i.e. trusted) clients. Since we provide full construction documents on most projects that have already been approved by the AHJ, the successful bidder needs our CAD files in order to fulfill their obligation to coordinate the approved plans and prepare shop drawings for fabrication ".. in accordance with the approved basis of design". Our architect clients generally acquire a blanket waiver agreement from the GC on behalf of all subs, though we sometimes request or execute a discipline-specific document. If you're doing bid doc's and they've not been approved or reviewed by a third party, I'd be concerned that there's not an adequate set of controls over a number of what ifs: What if the contractor doesn't conform exactly to your plan but does substantially and then runs into trouble? What if they blow up your plan entirely and then run into trouble? What if they conform to your plan, acquire approval and then a badge-heavy inspector loses their head? For our part, I want to have the leverage of approval so that we can defend our documents and push back if it ever comes to that. As a "bid-assist" designer, you may or may not be emasculated regarding defense of your design, depending on state law. Are you a PE? Are you NICET IV? Do your creds meet minimum standards of care for your state? Have you talked with a contract law specialist or you insurance underwriter about this? Sorry to make things so complicated but I am, after all, in California. As to the more practical questions, we only send CAD files of piping and RCP, no details or anything of value that can be pirated. If we send "on titleblock" it's only an x-ref in any case and almost always the architect's. SL From: Sprinklerforum [mailto:[email protected]] On Behalf Of Bob Sent: Monday, July 24, 2017 2:51 PM To: [email protected] Subject: Bid Drawings I provided a drawing for an architect that was used for bid purposes. The intent was to have the fire sprinkler contractors all bid "apples-to-apples". That sort of happened and now the project has been awarded. The FSC has contacted me asking for the drawings of the fire sprinkler layout. I was wondering if any other designers have done this and how you might have treated this situation. Do you provided the drawings upon request? The contractor wants them for free, of course. Is there a liability that I need to be concerned with? The drawings show pipe routing and sizes, but not hydraulic information. Basically, there about 30% drawings with notes. Any other thoughts and comments will be appreciated. Thank you, Bob Knight, CET III 208-318-3057 FBK-LOGO-SMALL
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