Leaving professional service provider - who owns file?

M

masterman

Guest
I am relocating to another part of the country and want to put my house up for sale. I have requested - and retrieved - my personal files from most of the individuals that I have dealt within my locality e.g. doctor, dentist, etc.

However, the Architect that oversaw the building of my house refuses to send me 'my' file. He claims that it is his property. I have paid him fully for his services.

Can I do anything? Who legally owns the file in this instance?
 
You own the file so long as you have paid him his fees. I can see no reason why he would want to retain the file. I have experienced the same thing with architects in the past where they wanted to retain a copy of my file. Perhaps it is some sort of insurance for them?
 
Thanks Bond 007 - that's what I thought myself.
Does anyone know the law e.g.Freedom of Information, DataProtection, Proprietary information, etc.etc. that I can quote to him in this regard.

Thanks inadvance.
 
Have you asked them for a photocopy? That's reasonable. No professional is just going to had you over the hard copy and leave themselves with no records of the business transacted. I'm not sure about Architects but I do know solicitors are lawfully bound to hold files for a number of years (usually 6 years) after the matter has been concluded mainly to cover themselves down the road in a negligence action.
 
McCrack said:
Have you asked them for a photocopy? That's reasonable. No professional is just going to had you over the hard copy and leave themselves with no records of the business transacted. I'm not sure about Architects but I do know solicitors are lawfully bound to hold files for a number of years (usually 6 years) after the matter has been concluded mainly to cover themselves down the road in a negligence action.
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I have never had a problem with solicitors when getting my files from them even within the 6 year period.

...only if this is provided for in the agreement or engagement letter signed by both parties at the outset of the business relationship.
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I have never signed any such letter with any solicitor or architect.
 
bond-"I have never had a problem with solicitors when getting my files from them even within the 6 year period."

Yes you shouldnt have a problem getting a PHOTOCOPY of your file but my point was that no professional is going to hand over the original.

My Q to the original poster who asked the Q was did he ask the Architect for a photocopy of his file. This is reasonable and if the matter is concluded I dont see why this would be refused.
 
The architect/solicitor comparison isn't really valid here. In a solicitor's case, the files they have pertain to you and the advice you seek and so will contain personal details of yours that only you can own, unless you transfer ownership to them. If, however, you asked a solicitor to draft you a standard employment contract, they would retain ownership of the copyright in that document (minus your personal details) unless you have agreed in writing otherwise.

In the architect example, they have created a piece of intellectual property at your behest and, unless there is an agreement in writing otherwise, they own it (with, I imagine, a license to you to use it for the purposes originally specified i.e. to build your house). For example, you could get plans drawn up for your house but, unless you have agreed (in writing) that you own the plans, you cannot then use those plans to e.g. give them to your buddy to build a similar house.

Sprite
 
you cannot then use those plans to e.g. give them to your buddy to build a similar house.
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There is nothing to stop you going into the planning office and obtaining a copy of the plans and then building a similar house off of them.
 
bond-007 said:
There is nothing to stop you going into the planning office and obtaining a copy of the plans and then building a similar house off of them.
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But they would be protected by copyright/design rights and so you would be infringing the architect's IP if you did so. So they could sue you for infringement if they were so inclined.

Sprite
 
Thanks guys for the responses.

Okay, it appears that he actually owns the file.

However, is he legally obliged to provide me with a PHOTOCOPY of EVERYTHING on the file? I mean, I instructed him to carry out this work on my behalf so surely I have some right within thelaw to have access to it? :confused:
 
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