I've never claimed to be a lawyer...get that straight
No but youve given plenty of incorrect and unqualified legal advice. Same thing.
Browse Forums Building A New House Re: Trade quotes in Builder's variation 61Apr 04, 2023 11:02 am StructuralBIMGuy SJT76 Then please stop providing legal "advice" here - you are not qualified to do that. I've never claimed to be a lawyer...get that straight No but youve given plenty of incorrect and unqualified legal advice. Same thing. Re: Trade quotes in Builder's variation 62Apr 04, 2023 11:29 am ponzutwo StructuralBIMGuy SJT76 Then please stop providing legal "advice" here - you are not qualified to do that. I've never claimed to be a lawyer...get that straight No but youve given plenty of incorrect and unqualified legal advice. Same thing. Talk to poinzo he's a master debater (humour) Now he's giving legal advice... he's a crack up Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Trade quotes in Builder's variation 63Apr 04, 2023 11:41 am StructuralBIMGuy ponzutwo StructuralBIMGuy I've never claimed to be a lawyer...get that straight No but youve given plenty of incorrect and unqualified legal advice. Same thing. Talk to poinzo he's a master debater (humour) Now he's giving legal advice... he's a crack up You really are stupid, bimclown. I'm sorry for that. Nothing I've given is legal advice. Poor comprehension showing In. Every. Single. Post. You. Make. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Trade quotes in Builder's variation 64Apr 04, 2023 3:09 pm SJT76 StructuralBIMGuy SJT76 - if you have endorsed plans that you paid for, you own the right to construct according to those plans at that location.) Yes with the Builders who owns the plans, if the builder changes and the price goes up... That's your bad luck Get some legal advice I'm good for legal advice. Maybe you should get some engineering advice? Sounds like you aren't good for anything regarding legal advice and copyright Here If contracts are void, can we get access to our plans? 27 mins in Plans and copyright are the intellectual property of the builder Stay tuned Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Trade quotes in Builder's variation 65Apr 04, 2023 3:33 pm StructuralBIMGuy Sounds like you aren't good for anything regarding legal advice and copyright Here If contracts are void, can we get access to our plans? 27 mins in Plans and copyright are the intellectual property of the builder Stay tuned ponzutwo I assume in the event of a builder going bust, the copyrights and licensing rights move to the administrators, and they would allow for the “opening up” of the implied license for the homes covered under the insurance schemes. I suspect that the insurance scheme agreements likely have clauses in them that allow for this. There is no benefit to the administrators not allowing for this unless they have a buyer lined up for the business that can benefit from completing the homes themselves. You're just catastrophizing Cherry picked statements. it appears you missed the entire context of that line. They literally paraphrased the bold sections i wrote lol. Chances are they had included in their contracts a revoking of any implied license. Anyone got a PD contract (specifically the special conditions) they want to share so I can prove a point. Re: Trade quotes in Builder's variation 66Apr 04, 2023 5:04 pm StructuralBIMGuy SJT76 StructuralBIMGuy Yes with the Builders who owns the plans, if the builder changes and the price goes up... That's your bad luck Get some legal advice I'm good for legal advice. Maybe you should get some engineering advice? Sounds like you aren't good for anything regarding legal advice and copyright Here If contracts are void, can we get access to our plans? 27 mins in Plans and copyright are the intellectual property of the builder Stay tuned I didn't realise that Jahani was a lawyer. "As part of that process, we're investigating whether there is an ability to allow customers access to their plans ... and as soon as we have some certainty on that we'll communicate it to you". The liquidator's first job is to gather the assets. So, they claim the IP. Then they get legal advice on who has claims over those assets - "investigating whether there is an ability" is nice sales speak, but what he really means is "figuring out what we are required to give you". In short, he's getting legal advice on the issue. From a lawyer. Which is what Simeon was also suggesting customers do. You are stubbornly insistent on simple black and white on something that has more complexity than that. Which is why I suggested you avoid giving legal advice or conclusions. And I am fortunate enough not to be building with Porter Davis; although I am looking at what happens closely in case I can learn anything that will be of use if anything were to go wrong with my builder. My contract does not contain a waiver of any implied license (that was a useful tip) EDIT: And for those who are genuinely in need of the answer to this question, this article seems to be pretty thorough - https://stonegatelegal.com.au/copyright ... -contract/ Of course, it is complex and fact-dependent, but depending on the contractual terms, you may well have the right to finish your house. Re: Trade quotes in Builder's variation 67Apr 04, 2023 5:33 pm I will give a real life example of where this happened. So the NSW HIA contract contains a mechanism dealing with what happens after a contract is terminated for non performance and breach of contract. In this case the builder supplied incorrect materials, the work was incredibly defective and the builder refused to rectify the works, they were also falling significantly behind in the construction program and were given multiple notices to rectify. The failed to comply so notice was given by the client to terminate the contract at framing stage. Now the HIA contract requires that in the event of termination, the client must complete the build, keep all receipts and do a reconciliation with the first builder on completion. ie if the contract value was $600,000 and the client completed the build for $550,000 then they pay the builder $50,000 or if the build is $650,000 then the builder pays the client $50,000. if the client didnt have the ability to use the plans then how would they complete the build? If I was a client of Porter Davis I would urgently be getting legal advice to see if this applies in Victoria, as a builder going into liquidation should be grounds for termination. I wouldn't be waiting for the liquidator to tell me what I can and can't do, take ownership of your own situation, and if need be, become an owner builder to finish. Building a house is pretty easy. Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. Re: Trade quotes in Builder's variation 69Apr 04, 2023 6:09 pm ponzutwo Ashington Homes Building a house is pretty easy. But what about bim, data and proofs? its easier with BIM Data and youtube off course Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. Re: Trade quotes in Builder's variation 70Apr 04, 2023 6:11 pm Ashington Homes ponzutwo Ashington Homes Building a house is pretty easy. But what about bim, data and proofs? its easier with BIM Data and youtube off course To be fair I learned to lay bricks and render from youtube and the results were excellent. My builder was confused when he came for a warranty inspection and was like, "hey we didn't build that, did we?" Lol Re: Trade quotes in Builder's variation 71Apr 04, 2023 6:18 pm ponztwo Good job! laying bricks & render isn't easy It doesn't matter how you learn, what matters is that you learn and pick up new skills. I love youtube, we are building a home for an absolutely awesome client who decided to switch to a sort of passivehouse home after we started. We both watch youtube videos on the subject and are all learning together as we go. it's fun. You can easily learn to build a whole house from youtube and there is absolutely nothing wrong with that! Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. Re: Trade quotes in Builder's variation 72Apr 04, 2023 10:51 pm The builder produced plans for your house after you paid consideration for the plans. The builder then made the plans available for the building permit application and acted as your agent in getting the building permit. The building permit and approved plans belong to you, in your name. This is not a legal opinion but it seems to me that if the builder enters insolvency you can terminate building contract. Then you have BS approved and stamped plans as part of your building permit. If you complete your home under building permit using those plans you should be OK. It seems a long shot to me that you would not be able to use those plans to finish your house. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Trade quotes in Builder's variation 73Apr 05, 2023 12:21 am SJT76 EDIT: And for those who are genuinely in need of the answer to this question, this article seems to be pretty thorough - https://stonegatelegal.com.au/copyright ... -contract/ Of course, it is complex and fact-dependent, but depending on the contractual terms, you may well have the right to finish your house. Interesting article. Shame they didn't cover one more scenario: who owns the copyright to what when the owner draws a custom plan, then gives it to a builder to draft. Re: Trade quotes in Builder's variation 74Apr 05, 2023 7:50 am strannik SJT76 EDIT: And for those who are genuinely in need of the answer to this question, this article seems to be pretty thorough - https://stonegatelegal.com.au/copyright ... -contract/ Of course, it is complex and fact-dependent, but depending on the contractual terms, you may well have the right to finish your house. Interesting article. Shame they didn't cover one more scenario: who owns the copyright to what when the owner draws a custom plan, then gives it to a builder to draft. When you google lisencing or copyright of building plans, most of the articles that describe the various legal positions cover that one too. Get on it Re: Trade quotes in Builder's variation 75Apr 05, 2023 9:40 am ponzutwo When you google lisencing or copyright of building plans, most of the articles that describe the various legal positions cover that one too. Get on it i haven't managed to find anything that talks about it from that particular angle. at most they talk about the builder/architect "designing plans from your specification". the case i'm interested in is when you draw the floor plan yourself, then give it to the builder and spend considerable amount of time to ensure that the builder then draws up proper plans precisely as you designed it. so the creative input from the builder is actually negative, cause they keep trying to change your design instead of simply copying it into their drafting software. the armchair lawyer in me says that the copyright to the idea belongs to the customer, therefore the builder will be in breach of copyright if they decide to reproduce the house based on that idea, but the copyright for the actual construction plan may lie with the builder, since they would've prepared more than just a floor plan. but i wasn't able to find anything that clearly outlines this particular scenario. Re: Trade quotes in Builder's variation 76Apr 05, 2023 9:53 am strannik ponzutwo When you google lisencing or copyright of building plans, most of the articles that describe the various legal positions cover that one too. Get on it i haven't managed to find anything that talks about it from that particular angle. at most they talk about the builder/architect "designing plans from your specification". the case i'm interested in is when you draw the floor plan yourself, then give it to the builder and spend considerable amount of time to ensure that the builder then draws up proper plans precisely as you designed it. so the creative input from the builder is actually negative, cause they keep trying to change your design instead of simply copying it into their drafting software. the armchair lawyer in me says that the copyright to the idea belongs to the customer, therefore the builder will be in breach of copyright if they decide to reproduce the house based on that idea, but the copyright for the actual construction plan may lie with the builder, since they would've prepared more than just a floor plan. but i wasn't able to find anything that clearly outlines this particular scenario. Im going to take my frustration out on you because ive had a particularly sht morning - but FFS what is it with people not being able to do basic queries and find the right info quickly on the internet around here? Its half the reason people here are all spewing bullsht at each other because no one can seem to be able to search the correct terms, identify the correct sources and then pinpoint the information they need..... Its both. You have copy right to the sketch. The professional who translates the sketch to plans owns copy right to the plans. You'd hardly be able to argue that the sketch you created was infringed on if the architect use those plans elsewhere, because their work is substantially different from yours in that it has details that you could never dream of having thought of. Basically your sketch, even though you have copyright, that copyright protects you from someone copying your sketch only. so that copyright is seemngly worthless in the scheme of things. it all ends up coming down to what you agree around the ownership with the person drawing up the plans. Otherwise the above is the default position Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Trade quotes in Builder's variation 77Apr 05, 2023 12:35 pm ponzutwo Its both. You have copy right to the sketch. The professional who translates the sketch to plans owns copy right to the plans. You'd hardly be able to argue that the sketch you created was infringed on if the architect use those plans elsewhere, because their work is substantially different from yours in that it has details that you could never dream of having thought of. Basically your sketch, even though you have copyright, that copyright protects you from someone copying your sketch only. so that copyright is seemngly worthless in the scheme of things. it all ends up coming down to what you agree around the ownership with the person drawing up the plans. Otherwise the above is the default position Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ i'm not talking about the sketch that someone scribbled on a piece of paper. i'm talking about a proper floor plan, that's been drafted using the available online CAD software and laid out on the lot according to all the appropriate setbacks, with all the dimensions outlined. it would be no different to the page of plans that contains the floorplan, except done in different software. the plans developed from that floorplan are essentially the same. so in effect the builder would be copying customer's plan for the purposes of building a house for that customer. yes, they would need to add more pages for the engineering details of slab & frame, in order to make the plan buildable, but they're not adding any creative input into the idea itself. Re: Trade quotes in Builder's variation 78Apr 05, 2023 12:49 pm strannik ponzutwo Its both. You have copy right to the sketch. The professional who translates the sketch to plans owns copy right to the plans. You'd hardly be able to argue that the sketch you created was infringed on if the architect use those plans elsewhere, because their work is substantially different from yours in that it has details that you could never dream of having thought of. Basically your sketch, even though you have copyright, that copyright protects you from someone copying your sketch only. so that copyright is seemngly worthless in the scheme of things. it all ends up coming down to what you agree around the ownership with the person drawing up the plans. Otherwise the above is the default position Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ i'm not talking about the sketch that someone scribbled on a piece of paper. i'm talking about a proper floor plan, that's been drafted using the available online CAD software and laid out on the lot according to all the appropriate setbacks, with all the dimensions outlined. it would be no different to the page of plans that contains the floorplan, except done in different software. the plans developed from that floorplan are essentially the same. so in effect the builder would be copying customer's plan for the purposes of building a house for that customer. yes, they would need to add more pages for the engineering details of slab & frame, in order to make the plan buildable, but they're not adding any creative input into the idea itself. Still applies. You're ASKING them to copy it. Your copyright is moot. Again, the key is in what your agreement with the draftsperson/designer/architect is about the work that THEY produce. Re: Trade quotes in Builder's variation 79Apr 05, 2023 12:56 pm In anycase, there isn't a scenario where you go to somone to draw up plans where there won't be an agreement/contract that outlines the terms of the agreement. Just like builders, some may negotiate, more likley they'll tell you to take it or leave it. Re: Trade quotes in Builder's variation 80Apr 05, 2023 1:26 pm ponzutwo Still applies. You're ASKING them to copy it. Your copyright is moot. Again, the key is in what your agreement with the draftsperson/designer/architect is about the work that THEY produce. no, i'm ALLOWING them to copy it, for the single purpose of building me a house. see 1 word distinction, but completely changes the meaning. I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15387 Looking for advice on whether this variation in tile colour is acceptable. The large tile on the left was used in my main bathroom renovation 1 year ago. My ensuite… 0 8539 yes it does, you've just not understood it. theres a difference. 4 5452 |