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.