Legal Question in Real Estate Law in California
Unable to get blueprints for our new home.
We just had a home built and have some concerns about the structure, foundation and other areas relating to the building of our home. We also want to do some additions and have been asked (by contractors) to see the blueprints. The builder refused to even let us copy his set of blueprints at our expense. We contacted the county, and they also refused. We have a hard time believing we have no legal right to a copy of the blueprints to the house we paid to have built and now own.
Thanks.
1 Answer from Attorneys
Re: Unable to get blueprints for our new home.
Well, I can appreciate your hard time understanding this, but there is a possible explanation. The blueprints and other drawings may be the property of the architect. It isn't unusual for architects to limit access to and possession of their creative work.
To unravel the mystery, you need to contact the party that originally created the plans and ask what limitations are placed upon their copying, and why. Even a builder or owner who paid the architect full value to create the designs may not be permitted unlimited access, if the contract so reads.
If there are potential liability issues that require your access to the plans, you might have to sue the builder and/or architect and if you do, you can probably require their production as part of the discovery process.
First, however, you should determine the reason for refusing to let you copy the plans -- although I suspect it is copyright-related, you should get an explanation from the parties making the refusal.....it would seem they ow it to you. When the explanation is offered, if it relates to copyright, be prepared to respect it rather than reject it as pure BS.
On the other hand, if the explanation seems like a cover-up, all the more reason to initiate legal action which could force the documents to be produced.