Jon
Blair's point is exactly why engineers when asked to give clients
their work product require such broad releases, especially when they
are asked to provide CAD drawing files. This is akin to a
request being made to an attorney to give a client (or former) a word
document on the attorney's letterhead. Is an attorney going to
do that, doubtful.
If what the client really wants is the base data to do as they wish
because they believe they purchased the right to that work product or
simply wish to use that work product going forward, then its best to do
so via a release clause saying here you go its yours but what you do from
here you are on you own from the moment you open the file.
The situation of giving the data to a client
upon securing a release however is quite different
from "has asked me to sign an
agreement holding him harmless from any errors he may have made in doing the
work". Seeking to be released from liability for any errors
"he may have made" in the original work product if such work product is
used for its original intended purpose seems as AJ post suggests not going to be
supported by the courts as overtly unconscionable. That said you are
wise to be cautious about waiving any rights under such a
broad release.
Feel free to give me a call if you would like to discuss this
matter offline.
SMM
Scott Michael Mapes, P.E., Esq.
P.O. Box
5517
Burlington, VT 05402-5517
802-864-8100
voice/cell/message
SMMapes@aol.com
In a message dated 1/23/2017 5:22:15 P.M. Eastern Standard Time,
benman@enmanengineering.com writes:
No, engineers are not bound
by this restriction. The problem is once released there is no way the engineer
can control what happens to that drawing, someone can make a change to a CAD
file and the engineer can get blamed and has no defense.
The release is a standard
request mostly associated with insurance requirements.
Blair J. Enman,
PE, Founding Partner
Seeking Cost
Effective Solutions since 1982
www.EnmanEngineering.com
61 Prospect
Street
Rutland, VT
05701
(802)
775-3437
Engineering
releases. An engineer that I am trying to get to release drawings to my
client has asked me to sign an agreement holding him harmless from any errors
he may have made in doing the work. this request would be unethical if
it came from a lawyer. do engineers have a similar
restriction.