PPI says (under standard AIA B101) that the owner can not modify the building, as it goes against
derivative works. BUT then says the owner can use the IOS for alterations and additions. Can someone clarify this seeming contradiction?
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Hi @jestes , let’s see if one of our expert architects can help with this one. @coachdarionziegler do you mind clarifying?
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Hi @jestes ,
I think I can help with this!
The owner cannot use the instruments of service for any purpose other than those agreed upon in the owner/architect agreement. In the case of B101, this means that the owner can only use the instruments of services for the project described in the initial information. The owner does not have the right to modify the instruments of service for the agreed upon project.
It’s best to go straight to the contract here. Article 7.3 of the B101 makes it clear that owner may use the instruments of service for altering and adding to the project. This does not mean that the owner can modify the instruments of service, but rather that they can use the instruments of service to renovate the project.
In layman’s terms, this means that the owner can keep the plans the architect provided and give those plans to another architect as a starting point if in the future the owner chooses to renovate. However, per the language included in B101, the original architect is indemnified and held harmless from any potential issues resulting in their instruments of service being used by another architect for purposes allowed in B101.
I found these articles that speak more about the instruments of service as well:
Hope this helps!
-Darion
Thank You very much!! The owner can not modify the design. Can the owner give the cds to another architect for alterations/additions that modify the design?
Hi @jestes
No problem!
Yes, the owner can give the instruments of service to another architect in a few of scenarios.
If the owner/architect agreement is terminated for cause, the owner has the right to pass along the instruments of service to another architect in order to complete the project. The original architect is not indemnified in this instance.
If the project is suspended and the architect then terminates the owner/architect agreement the owner must then pay a licensing fee to the architect for the owner’s continued use of the architect’s instruments of service.
What you’ll typically see happen if after a project is done and a few years go by, the owner will want to renovate. At that point, the owner may pass off the instruments of service (being the CD’s) to another architect in order to design the renovation or addition. This is their right and most commonly what the B101 is referring to when it says that the owner "receives a license to use the instruments of service solely and exclusively for constructing, using maintaining, **altering and adding ** to the project.
This video the AIA put out on the Instruments of Service might help!
Thank You again!
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No problem, glad I could help! 