Who owns a hydraulic model? 1

[elev8848]

If a consultant uses a hydraulic modelling, can the client ask for the electronic version of the model (with the possiblity of using/modifying it later)? or is it just the results that the client can ask for?

 

[Maury]

If the contract doesn't answer this question by defining the project scope and specifically calling out what is to be delivered, then I don't think anyone on this forum can answer the queestion either. If hired to provide project plans or a recommendation, then our company would not normally deliver an electronic version of the model unless this is called for in the contract. When working with state agencies, we are usually required to provide the digital files.

 

[elev8848]

Thanks Maury.

It is actually for future contracts.

How can the client word it in the list of deliverables?
Provide an electronic copy (GIS shapefiles) of the model?

Can a consultant say -"No way! I will not let my clients modify my model later for free. You just get the results and recommendations!"

I would like to hear both sides. Or the prevalent practice.

 

[tsgrue]

.

A standard "Provision & Limitation" in all contracts of our firm except those for some government clients is: "All documents, including drawings and specifications (in all formats, including print and electronic) prepared or furnished by CONSULTANT are instruments of service in respect to this project and shall remain the property of CONSULTANT."

You could expand this to specifically include "mathematical simulation models" and other items.

Engineers Joint Contract Documents Committee (EJCDC) publications as standard contract documents may also be of interest to you. A link for these is "

http://www.nspe.org/ejcdc/home.asp".

Regardless, have your attorney review the contract (and make sure the attorney you retain has expertise in contracts and the AEC fields).

.


tsgrue: site engineering, stormwater
management, landscape design, ecosystem
rehabilitation, mathematical simulation

http://hhwq.blogspot.com

 

[francesca]

It does not foster a good faith relationship with the client to charge them to build a model and then not deliver it because "technically" it wasn't numbered as a deliverable. The client may not notice the oversight until they're ready to use the model again and discover they're shanghaied into either using the same consultant or paying someone else to reinvent the wheel.

If it's for future projects, I'd pad the proposal a little and make a big song and dance of how you're delivering the model for their use, and in subsequent proposals, focus on how you have intimate knowledge of their model. I wouldn't apply too much padding, though (a good model development report as extra deliverable sized padding) as other consultants who were cheaper could amend their deliverables in negotiation stages to include delivering the model.

 

[civilperson]

The client can ask for and then pay extra for an electronic model of the watershed/river/floodway. A CD with the information should run about $15 including mailing. If you do not provide, then the clients lawyer can cause you grief and you will never market any further projects to this client or anyone the client knows.