Electronic Files – Contract Tip of the Week

Jan 12, 2017Risk Solutions

Q: I have a client who wants to receive all of my design documents as electronic files. How can I protect the integrity of my design and the use of my instruments of service?

A: Transferring data electronically poses not only corruption, conversion, and software error risks but also modification and reuse risks. You could incorporate a disclaimer that any hard-copy versions take precedence over electronic copies and incorporate permitted uses of data. The AIA defines “permitted uses” as:

  • Store and view only,
  • Reproduce and distribute,
  • Integrate (incorporate additional digital data without modifying data received), and
    Modify as required to fulfill obligations for the Project.
  • Each instrument of service can be identified as having just one of those permitted uses.

The Risk Specialty Group and RLI Design Professionals are pleased to feature our Contract Tip of the Week series. Each week, we’ll review a question submitted by a design firm relating to the subject of contracts. Keep in mind, though, that these discussions are general in nature and in making specific business decisions, it’s important to review your options with a knowledgeable attorney.