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Architectural Desing contract Termiation

arameshraju - Member Since: Dec 2008
Subject - Architectural Desing contract Termiation
Thread Topic Post

Dear Member,

Can Any body Advise me intellectual property right.

Case:

"X" company appointed "architect B" to provide architectural services to construct for corporate office complex. Both of them are entered into the contract. Contract has specified payment term along with the deliverable from architect side.

At some point of time, after completing of design work and construction is also in advance stage, "Architect B" has suspended the work due to non payment their invoices.

"X" company issued a termination letter.Now claiming designs are company property. Company issued a notice to "Architect X" to handover all soft and hard copies of his design works.

Fact are:
1. Company had paid only 40% of the fee.
2. Architect completed 90% of the design and detailing work.

How the architect can protect his interest and his intellectual properties.

1. Is that design works are companies properties?
2. How the Architect can get his money dues from the company.

Kindly Advise
Regards
Ramesh Raju
advocatesivasu - Member Since: Sep 2008
Subject - Re: Architectural Desing contract Termiation
The architect can have a right of 'lien' till he is paid for his services. As he was paid only fee of 40% only, he can demand payment of another 50% (90% in all) to hand over the design which was completed 90%. Till then, the right of ownership of IP remains with him.


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