Contractor Talk - Professional Construction and Remodeling Forum banner

1 - 20 of 31 Posts

·
Premium Member
Joined
·
6,938 Posts
Discussion Starter #1
I did a design for a 2000 sf deck here in Dallas. I did the design "no charge to client" just to give him an idea of the finished product in my mind. The works construction documents, 3d models, etc...



Well I have found out today I lost the job to another contractor because of $400. I did the design work for free and didnt get a damn thing.

I know I should have got this guy to sign a design/build contract but I didnt.

Damn me, Damn me.



Sorry for ranting just a little pissed off at myself.
 

·
Registered
Joined
·
10,471 Posts
Duuuude! You left it all with him? :eek:

Another lesson learned in the school of hard knocks.
 

·
Premium Member
Joined
·
6,938 Posts
Discussion Starter #4
This is the whole thing, I asked for them back and he wont give them.






Edit: I also wasnt thinking at the time. I just left and forgot about them.
 

·
Premium Member
Joined
·
6,938 Posts
Discussion Starter #8
hauoli63 said:
Hey, you never know ... the contractor he hired may do a shoddy job and then the homeowner will call you to "fix" it ... :cheesygri
Hell I will know exactly what to do, I designed the damn thing. :cheesygri
 

·
Carpenter/fencing
Joined
·
808 Posts
no,no,no

Cole_21 said:
This is the whole thing, I asked for them back and he wont give them.






Edit: I also wasnt thinking at the time. I just left and forgot about them.
sue the a--hole the property belongs to you,the design was contingent apon him signing a contract ? the answer is yes ,so he stole them ! id chain my truck up to his deck and drag it back to new york,that low down [email protected]#$%^ :Thumbs:
 

·
Premium Member
Joined
·
6,938 Posts
Discussion Starter #10
So do you think I can wait till it gets built, sneak over and see if it was built to my specs?

If it is then, I will sue.
 

·
The Deck Guy
Joined
·
3,126 Posts
Cole,

You know better...but you know that.

Whenever I'm doing ANY kind of design work prior to being in a signed contract, I do not dimension anything on the drawings the customer sees, nor do I leave that behind. Never, ever. I usually only show them a blackline drawing that is incredibly dumbed down.

I'm sorry for your loss.
 

·
The Deck Guy
Joined
·
3,126 Posts

·
Premium Member
Joined
·
6,938 Posts
Discussion Starter #13
Greg, he called me back and said if it doesnt work out with "Contractor A" he will call me and the job is mine.

I told him no thanks.
 

·
Carpenter/fencing
Joined
·
808 Posts
dam right!

Cole_21 said:
So do you think I can wait till it gets built, sneak over and see if it was built to my specs?

If it is then, I will sue.


models and designs are the sole property of the designer,only if he paid for the design then it would be his, when he said no ,you should of told him you're contacting your lawyer and pressing theft charges against him,many years ago i did a kitchen for a lady who tried to make us wait for the balance,the owner told us to go back to the house and "ask" if we can come in and get a few things we left behind ,when she left the room we took all the cabinet doors off and put them in the truck,she finally ask what we were doing and we told her you want your doors back ,then pay up.we had the money in 15 min.show people you mean bizz and they somehow come around.
if nothing else works ,i have a truck,you have a chain? :Thumbs:
 

·
Repair/Remodeling Tech.
Joined
·
1,645 Posts
I told him no thanks.
Don't you mean "No thanks the JOB is his, but you, and he, will hear from my lawyer if I don't have MY property (plans) in MY hand tomorrow, preferably in the AM. You can bring them by, or I can come and get them. Oh by the way, I'll also need any copies that were made of MY plans. Thank you :cheesygri "
 

·
Registered
Joined
·
9,177 Posts
I have done similar on a 1300 Sq. Ft. deck I gave him a blackline with some dimensions on it along with a $30,000 bid and before I could call back as a follow up I checked to see if any permits had been pulled at his address and sure enough one had been pulled BY THE HOMEOWNER (or maybe someone without a license? or no insurance?) I know it was not the homeowner he could not have built it I kind of hope he screws it up real bad. :)
 

·
Custom Builder
Joined
·
4,406 Posts
nywoodwizard said:
models and designs are the sole property of the designer,only if he paid for the design then it would be his, when he said no ,you should of told him you're contacting your lawyer and pressing theft charges against him,many years ago i did a kitchen for a lady who tried to make us wait for the balance,the owner told us to go back to the house and "ask" if we can come in and get a few things we left behind ,when she left the room we took all the cabinet doors off and put them in the truck,she finally ask what we were doing and we told her you want your doors back ,then pay up.we had the money in 15 min.show people you mean bizz and they somehow come around.
if nothing else works ,i have a truck,you have a chain? :Thumbs:

I'd say you got real dam lucky Nywood. If it's nailed screwed or glued, according to the law it's in place and part of the structure, it takes a judge to remove it. She could have had you up on charges.

Bob
 

·
Banned
Joined
·
14,078 Posts
hmmm, I know all about copyright laws in regard to artwork, but building plans? Anybody have proof that they are copyrightable? I am having a hard time imagining drawings made during the quoting or bidding process are the creators 'property' legally.
 

·
Administrator
Maker of Fine Sawdust
Joined
·
47,425 Posts
Mike Finley said:
hmmm, I know all about copyright laws in regard to artwork, but building plans? Anybody have proof that they are copyrightable? I am having a hard time imagining drawings made during the quoting or bidding process are the creators 'property' legally.

Why would you have a hard time imagining this? You made the drawing/concept/design. So it is your intellectual property until some smart a$$ gets it patented or copyrighted legally before you. And usually, if you can prove this was your idea (and they stole it from you) in the first place the copyright/patent is nullified. The same way you cannot take a photograph that a person had taken and use it for something of your own without their permission, it is their property whether they have it marked as copyrighted or not. That person has stolen your design and used it for there own personal use without your permission, which is copyright infringement in my book.

Take your lesson as one of hard knocks. I did the same thing one time early in my career. I designed a kitchen and made the fool mistake of giving the person a dimensioned drawing. I went back a few years later to do some small job and I saw my kitchen design in their kitchen. I asked them about it and they said they gave my drawings to somebody who bid less than I did. I was furious. I walked out and didn't even do what I had come to do. Don't need that type of a client.

I will not give a potential client a drawing with dimensions on it, not again at least. I have my company name and my name and the date on the drawing, I keep them filed on my computer for years. After I get a down payment they get a dimension drawing if they want it. Usually they just want the concept drawing and as long as the stuff fits, they're happy.
 
1 - 20 of 31 Posts
Top