Proof That Copyrighting Your Work Is Important

Posted on October 30, 2008 by FGPP Construction Group

The law provides creators a myriad of opportunities for protecting themselves and their innovations.  We’ve written before and kept our readers abreast of the opportunities to copyright work and the steps the U.S. Copyright Office is taking to ensure an easy process for engineers, architects, and other design professionals to protect their rights.  Having a registered copyright on your design opens the door to protections under the federal copyright act which ads another option that you and your attorney have in case someone uses your design without permission.

We realize that harping on this matter likely won’t convince you that it is in your best interest, which is why we are happy to be able to provide you with proof that it may become necessary.

This recent complaint, filed on October 24, details an interesting scenario.  The plaintiff is an architect who designed a single family home in connection with a sub-division development in the Chicago suburbs.  The general contractor allegedly then took those plans and used them on a house in a different subdivision without the plaintiff’s approval.  The plaintiff brought a cause of action for statutory damages against those believed to be infringing his copyright and has requested an injunction from the court to stop the practice.

The lesson is especially important for those drafting plans for use on projects that could easily be turned around and built somewhere else such as single-family homes and smaller condominium projects.  With the minimal fee for filing and obtaining copyright, it makes sense to pay the fee and get this added protection.

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Your BIM Contracting Options Just Got Bigger

Posted on October 24, 2008 by FGPP Construction Group

As we wrote about before, the new AIA BIM and IPD documents have now been released and are available for download.  The new documents are:

  • E202-2008 - A New Building Information Modeling (BIM) Protocol Exhibit
  • C196 and C197 – 2008 - Two New Integrated Project Delivery (IPD) Agreements
  • A441 and C441 – 2008 - Two Additional Design-Build (DB) Agreements
  • B207 – 2008 - An On-Site Project Representation.

The documents are available at the AIA website.  They will be of interest to anyone participating in BIM projects and looking for a comparison or alternative to the ConsensusDocs BIM forms.

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Mechanics Liens Are Another Tool for Repayment... When They're Done Right

Posted on October 21, 2008 by FGPP Construction Group

            Any business engaged in the construction industry in Illinois should be aware of the rules and requirements for filing a mechanics lien, or at least have someone they can reach out to in order to answer those questions.

            The statute is possibly the best method available to any contractor, architect, sub any other person working on a project for ensuring payment.  It creates an encumbrance on the land that allows not only for foreclosure, but also forces subsequent buyers to deal with the encumbrance before moving forward by either bonding around the lien or attempting to extinguish it.  Whether the claim is for $1,000 in work or for $10,000,000, no matter what the amount, if the requirements are met, you can avail yourself of the act and pursue payment.  Depending on the exact situation, the act may force you to get something filed and deliver notice anywhere from 90 days to four months after your last date of work, and knowing and complying with the act’s guidelines helps ensure another method for getting paid (the act also allows for attorney’s fees).  If you don’t you will lose your rights and while the amounts of each account receivable may not seem like a lot, if everyone starts to skimp on the receivables, the effect of non-payment can become calamitous to your business.  In the current economic climate, even if you know that payment is down the road, it’s best not to sit on these rights and lose them… talk to someone and get it done right.  Because if its not done right, you could end up like the plaintiff in Speedy Gonzalez Landscaping, Inc. v. O.C.A. Construction, Inc., (1st Dist., Doc. No. 1-07-2370).

The plaintiff was a sub-contractor hired to perform services for the removal, hauling and disposal of rock and gravel from a site for the construction of a new school.  The plaintiff performed its work and sought payment for some $637,382.53 that it was owed.  Because the project was for a public building improvement built with public funds, section 23 of the Illinois Mechanics Lien Act applied.  The plaintiff complied with the applicable notice required by the section for delivering notice of its lien to the Public Building Commission of Chicago.  The plaintiff then properly filed its complaint against the defendants asking for an accounting within the applicable 90-day time limit from the filing of the notice, but failed to abide by the statute and also deliver a copy of the complaint to the public body within the time limits.  The GC filed a motion to dismiss the claim based on the failure of the plaintiff to follow the applicable time requirements and the court granted the motion, thereby barring the plaintiff from its count for a mechanics lien.  The appellate court upheld the decision of the trial court. 

For the simple failure to provide a copy of the complaint to the right person, the plaintiff has lost its mechanics lien claim.

 

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