The prime contract decides

Who owns RFIs and change orders on a construction project?

The law gives a document to whoever wrote it, or their employer. The prime contract can then give the project owner rights in it, and on federal work it usually does.

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The starting point

A US transfer of copyright is not valid unless it is in writing and signed by the owner of the rights conveyed, and a UK assignment is not effective unless it is in writing signed by or on behalf of the assignor. Nothing passes to the owner by default; a signed contract term is needed.

Source: 17 U.S.C. 204, transfers of copyright ownership

Change orders on federal work

Under FAR 52.243-4 the contracting officer may make changes by written order designated as a change order, and the contractor must assert its right to an adjustment within 30 days of receiving one. The order is the government's; the contractor's pricing and correspondence around it are records the audit clauses let the government examine.

Source: FAR 52.243-4, Changes

Special works

Where FAR 52.227-17 is in the contract, the government takes unlimited rights in all data delivered and first produced, and the contractor may not assert copyright in data first produced without the contracting officer's prior written permission. A builder holding records from such a job should treat them as not its own to license.

Source: FAR 52.227-17, Rights in Data, Special Works

Private work

On private jobs the AIA A201 general conditions and ConsensusDocs 200 are the common forms; their own product pages describe the documents but do not print the clauses, so the signed copy in the job file is the one to read. Our table sets every provision we read side by side.

Source: Whose a contractor's project records are

Describe the project records your firm holds

Most of what a builder's own staff wrote is the builder's, unless a prime contract said otherwise. Tell us how the jobs were run and we will write back about your records.

Where the firm stands

Has anyone offered to buy the project records?

  • A person reads every general contractor enquiry
  • No software vendor on the board learns that you wrote
  • Leave owners' names, drawings and exports out of this form

Find out which of your projects could be licensed

Most of what a builder's own staff wrote is the builder's, unless a prime contract said otherwise. Tell us how the jobs were run and we will write back about your records.

Sources

This site's own datasets, every figure quoted from its source and dated:

No.SourcePublished by
[1]CMiC, terms of usecmicglobal.com
[2]CMiC, privacy policycmicglobal.com
[3]Premier Construction Software, terms of servicepremiercs.com
[4]Kahua, privacy policykahua.com
[5]Jonas Construction Software, terms of servicejonasconstruction.com
[6]Rhumbix, customer agreementrhumbix.com
[7]Document Crunch, customer agreementdocumentcrunch.com
[8]PlanHub, terms of useplanhub.com
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