In many contracts, the builder has included a condition that provides that the copyright and intellectual property in the plans remains the property of the builder.
This can create issues when obtaining a new builder as you cannot use the plans to finalise the build which is virtually impossible.
However, should you find yourself in this position, you have the following options:
- negotiate use of the plans with the builder for consent and / or an implied license to use the plans;
- request that you pay for use of the plans; or
- use the plans without approval.
If you find yourself in this position and want our tailored legal advice from a building contract lawyer in Melbourne, then please contact us on 03 9629 2211.
This content is intended as commentary and should not be construed as legal advice.
For more information call Melissa Henderson on 03 9629 2211.
