what to do?

gman2k

I was approached by a construction professional colleague, who had come across an office fit out project.
This colleague threw me a bone so to speak - they needed some drawings done up to enable the proposed works be specified and measured correctly.
So i visited the site - an existing office building, which I proceeded to survey and translate to CAD files.
Next thing, I was designing the layout of the refit of the office- some considerable construction works would need to take place and I reckoned budget for the proj would run to c. €200k perhaps.
I was asked to produce a fee quote for my work, which I did, but noted that I was going to sub into the original colleague.
I commented that a PSDP would be needed, and was unwilling to progress my drawings further until the client had met his legal obligations re same. AFAIK, my colleague told the client re same, but a PSDP was never appointed.
I then indicated that I could not continue with the design process any further due to this negligence, and would not risk myself further.
I have since found out that the client and other colleague have used my (sketch) drawings to tender builders for the project, which may now be about to commence on site!
I prepared some principle of prevention design H&S sheets whilst I was producing my drawings.
Any drawings I sent on by soft copy carried the large rider that they were strictly for discussion purposes only, and were not to be used for any other purposes including pricing etc...
Is there anything else I should do? It looks like I have been frozen out of the project, due to my concern over H&S legislation. Obviously, no money has come my way for the work to date:o
Has anyone got any experience, thoughts etc?
Regards,
Gman2k

muffler

What about your colleague? Where does he now stand in all of this?

In my opinion you are possibly looking at breach of copyright and/or misuse of design data exclusive to you only. This is a legal matter and as you know we cant debate that here. However we can let it run for a while to get some professional opinions and feedback from our techies

Poor Uncle Tom

In my opinion, you need proof that they are using your drawings/designs for pricing and then you need to assemble your legal team.

Regarding the PSDP, you pointed out that the project needed one, if one is not appointed the Client becomes PSDP by default with all the responsibilities that entails, your responsibility ends there.

sydthebeat

Poor Uncle Tom wrote: »

In my opinion, you need proof that they are using your drawings/designs for pricing and then you need to assemble your legal team.

Regarding the PSDP, you pointed out that the project needed one, if one is not appointed the Client becomes PSDP by default with all the responsibilities that entails, your responsibility ends there.

+1.

with no appointment of a PSDP, the client becomes the 'de facto' PSDP.

as long as you have carried out your duties as a designer then there is no fall back onto you. In the vast majority of instances, it would be very hard to attribute blame to a designer in case of an accident.

sinnerboy

Firstly you should invoice your client the "construction professional" who approached you . You don't have a direct relationship with his/her client - the actual client under H+S regs .

Your approach would be considered exemplary if you were the lead and/or only design consultant . When in this circumstance when my works were otherwise complete I have written words to the affect " documents are ready now for your approval / for tender / for construction (whichever was appropriate ) . To progress matters please pay my fee to date and complete the enclosed RIAI appointment of PSDP ( and fee agreement ) form " Predictably this led to minor delays having to reference back to the earliest emails / letters where my advice on H+S was clearly spelled out . Fees were paid PSDP appointment was made .

In the circumstance you describe you were a designer under regs and your duties extended only to your Designers Risk Assessment and general advice re appointment of PSDP .

gman2k wrote: »

I then indicated that I could not continue with the design process any further due to this negligence, and would not risk myself further.

With respect this approach is over stepping the mark as you were not the lead consultant . Your obligations/risk was covered by

gman2k wrote: »

I prepared some principle of prevention design H&S sheets whilst I was producing my drawings.Any drawings I sent on by soft copy carried the large rider that they were strictly for discussion purposes only, and were not to be used for any other purposes including pricing etc.

If you express yourself in terms of alleging negligence in this circumstance you are unlikely to get repeat work and may wait awhile for payment .

sinnerboy

gman2k I have thinking - invoice now for services rendered as per your fee agreement . Include a tactful cover note suggesting that you would be delighted to provide as built drawings for €xx if required .

You may remain in the loop then .

I would NOT use my own title blocks for as built drawings by the way rather the name and contact details of the contractor . But I would not raise that at this juncture .

archtech

At the end of the day the important thing is to have your paper trail right, so that if something did go wrong, you can demostrate that you fulfilled your duties.