Question about Reviewing/Marking on Another Companies Preliminary Drawings Provided by the Client

[NOLAENG]

I've been asked by a client to provide a cold eyes review of a residential foundation design and have a question with regards to the architect's drawings.
The client has provided me with "prelminary" hard and electronic pdf copies of the drawings for my review.
On the drawings, there is a note about no reproduction or other use of the drawings is permitted without Architect X's written consent.

For my review, I'm providing the client with a stamped letter describing my recommendations but explain that is the engineer or record and architect's responsibility for the final design.
I was planning on marking on the drawings (no stamping involved) my recommendations and including them with my letter but I'm not sure if I'm allowed to do this after catching the note about consent.
I tried searching for similar threads but I wasn't able to find anything.
For others who have been in a similar situation, how did you handle this?

 

[JoshPlumSE]

I don't see the problem. The client is entitled to the drawings, are they not? If they give them to you how can that be a problem. They have a right to review this other firms work, right?

Also, just because you put something in a note doesn't give you a legally defensible position. Do you have a contract with the other firm? No? Is the information in the drawings considered a trade secret or copyrighted material? No? Then you aren't really doing anything wrong.

Now, if you reproduced the drawing with the intent of steeling their details and such then that would be a problem. But, marking them up for their client. I don't see how this would be problematic for you in any way. At least not here in the US.

 

[JAE]

Maybe repost this in the Ethics forum? forum765

Check out Eng-Tips Forum's Policies here:
faq731-376

 

[NOLAENG]

Thanks JoshPlum. That's how I understand it and all of your points are pretty much dead on for my situation.

Thanks JAE. Sorry I didn't realize there was an ethics forum.

 

[JStephen]

I would just type up comments separately rather than reproducing drawings in that case.

That being said, I generally see such notes just being totally ignored by all concerned.

 

[JStructsteel]

Its an Architect, just igonre it!

 

[BridgeEI]

Isn't the intention of the note more to say that you can't use this drawing or design for a different building?

 

[hokie66]

I would not use the drawings or any reproduction without the architect's consent. Can't you just give him a courtesy call to explain what you are doing?

 

[mike20793]

I agree with hokie. The contract between the owner and the architect can often stipulate when the transfer of rights to the drawings takes place. If it is not constructed, it may not be the owner's to share, regardless of who it is with. I would give the architect a call and explain what is going on. He would be less likely to have issue with it if he knows ahead of time rather than finding out after the fact. Do you need to stamp a letter if you're just reviewing drawings? If you don't do any calculations, I wouldn't seal it, just my opinion.

 

[jwilki]

Agree with Hokie and mike, its easy to first inform the client that you wish to contact the architect (nothing worse then the client "borrowing" the architectural drawings and they have a falling out as mike said) and then send them an email you wish to use them for preliminary engineering or provide an opinion letter.