cad files for shop drawings

huangyhg

cad files for shop drawings
all,
what policy do you have when a contractor calls and requests the cad files as a "background" for their shop drawings.  we have a disclaimer letter we require to be signed, but we have heard of others charging for these files (which makes sense).
akastud
check out our whitepaper library.
i have seen this happening more frequently than expected. most of the time the contractors request these drawings to find out some missing dimensions or just to save their time while generating some new drawings for their own use.
anyway, if the contractor requests for these drawings we usually provide them, but make sure that the pieces of information that they are trying to get from the drawings are accurate and first verified by us.
we resist doing this.  we have a note on our first sheet saying that cad files are not available for use by the contractor.  on the rare occasions that we do provide cad files, we attach a disclaimer saying that these files may or may not be complete and correct, that the contractor assumes all liability in using them, and that the printed contract drawings remain the legal documents.
if the contractor is using them as the basis for their shop drawings, it defeats one point of them preparing shop drawings, that being to verify they interpreted the contract drawings correctly.
on the civil side... my company forwards the dwg file to someone outside the design team on almost all the jobs we work on.  
there is a grading contractor that is the best in the area that will use the finished surface to place grade stakes.
manufacturer supplied ret. wall engineers usually want it too.
we send a standard electronic file disclaimer, i copied it below.  haven't heard anything negative about it yet.  also we send a standard letter discussing our cad layers, settings, lineweights, linetypes....etc...
xxxxxxxxxx.
cad and electronic transfer files terms and conditions
if the receiver proceeds, the receiver agrees to the following terms and conditions:
1.    electronic files are provided for your convenience. data contained on these files shall not be used for any purpose other than as a convenience for this project. the electronic files are not construction documents. differences may exist between the electronic documents and corresponding hard copy construction drawings. we make no representation that contours shown are electronically registered to the correct elevations. in the event a conflict arises between the electronic files and the sealed contract documents, the hard copy document shall govern and you are not relieved of your duty to fully comply with the contract documents, nor will any discrepancy become a basis for a change of work claim.
2.    xxxxxx. makes no warranty of any kind, express or implied, with respect to the file(s) which are the subject of this agreement, and specifically makes no warranty that said file(s) shall be suitable for any purpose.
3.    receiver assumes all risk and liability for any losses, damages, claims or expenses resulting from the use, possession or resale of any file(s) furnished by xxxxxxxxx. pursuant to this agreement whether used in its original or modified form.
4.    receiver agrees to indemnify, defend and hold harmless xxxxxxx its officers, agents, and employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney's fees, arising from or by reason of receivers' use, possession or resale with respect to any of the file(s) furnished by xxxxxxxxxxx pursuant to this agreement, and such indemnification shall survive acceptance of said file(s) by receiver.
5.    these terms and conditions constitute the complete and final agreement of the parties hereto except for any other agreement between the parties for sale or resale of the information contained in the file(s).
receiver accepts the aforementioned terms and conditions.
we will typically not permit the use of our cad files for use of shop drawing preparation.  on the rare cases where we do, a fee is charged for the drawing preparation and transmittal.  also a use disclaimer similar to those mentioned previously is attached.
here is what our disclaimer currently says:
at the request of our client, as its agent, and for your convenience, we will transmit to you the requested information after receiving a signed copy of this document from your authorized representative.  this transmittal is subject to the following conditions to which you agree by accepting these terms on a reply to this message.
1.  this information being transmitted is an interim document, not a contract document, and is not to be relied upon as final or complete.
2.  in preparing your work, and as required by the contract documents, you remain responsible for coordination of the information with the field conditions and the contract documents, including all revisions, addendums, and change orders.
3.  if you discover any errors or omissions in the information, you will promptly notify us so that we can make any necessary corrections.
4.  these files have been generated as an autocad 2005 drawing and saved as an autocad 2000 file.  we are not responsible for any errors caused by the transmission, translation, your software or your computer systems.  
5.  it is the responsibility of the contractor to independently determine and verify all measurements, quantities, dimensions, locations and elevations prior to construction.

6.  this information is not to be used on other projects without our consent.
7.  users of this information shall indemnify and hold harmless xxx engineering, the architect and the owner from all claims, damages, losses, and expenses, including attorney fees arising out of or resulting therefrom.
if there is any additional information you need, please feel free to contact me.
sincerely,
xxx engineering
case has a cad file sharing agreement that states most, if not all, of the things posted by the others here.  we rarely provide cad files to fabricators.  mostly because of a couple of instances where the shop drawings were submitted to us for review and those shops were our own plans and details with the fabricator's title block.  nothing was different except for piece marks.  many of the connections were not detailed by the fabricator.