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Architectural Disputes

Can the client modify the design without the architect?

Only if the contract explicitly transfers full economic copyright to the client. Otherwise, modifying the work violates the architect's moral rights.

What if the permit is rejected?

If the rejection is due to the architect's non-compliance with regulations, they must correct the design at no cost or refund the fees.

Who owns the drawings?

The architect retains intellectual property rights unless assigned in writing. The client typically gets a license to use them for that specific site.

Is author's supervision mandatory?

It depends on the contract and the class of the building. For complex projects, author's supervision is highly recommended and often contractually required.

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Architectural Disputes: Conflicts Between Design and Reality

Architecture is a blend of art and engineering, but when it comes to construction, it is also a field of strict legal obligations. Architectural Disputes can cover a wide range of issues, ranging from non-payment of fees to copyright infringement and poor design performance. Relationships between the client and the architect often become strained when the visualization (render) does not match the built reality, or when construction costs significantly exceed the budget estimated by the architect.

In Georgia, there are frequent cases where the client changes the architectural project without the author's consent, violating intellectual property laws. On the other hand, architects often delay delivering drawings or fail to provide proper author's supervision. Legal.ge offers lawyers specializing in architectural law who will help you resolve disputes fairly.

What Does Architectural Disputes Service Cover?

Specialists on Legal.ge offer:

  • Copyright Protection: Disputes over unauthorized use, alteration, or plagiarism of architectural work.
  • Fee Disputes: Claims for payment for completed stages (sketch, working project) by the architect.
  • Design Quality: Client claims regarding functional defects in the project or non-compliance with building norms.
  • Author's Supervision: Disputes over whether the architect fulfilled the obligation to supervise the construction process.
  • Budget Overrun: Liability if the architect's design requires more costs than agreed upon.

Common Scenarios and Real-World Examples

  • Project Theft: The client took the architect's sketch, did not pay the full amount, and continued construction with another, cheaper architect. This is copyright infringement.
  • Render vs. Reality: The client liked the visual, but the built building is impractical (e.g., dark rooms, awkward stairs). This can be a design flaw.
  • Permit Issues: The architectural project was rejected by the City Hall due to zoning violations. The client demands a refund.

Georgian Legal Framework

Regulation includes:

Law on Copyright and Related Rights: Architectural projects and structures are protected by copyright. The author has the right to demand the integrity of the work.

Civil Code (Service/Works): Regulates issues of remuneration and quality of performance.

Step-by-Step Service Process

Working with a lawyer on Legal.ge involves:

  1. Contract Analysis: Who owns the copyright? What was the brief?
  2. Evidence: Drawings, renders, correspondence.
  3. Negotiation: Resolving the dispute out of court.
  4. Court: Restoring rights and compensation.

Why Choose Legal.ge?

Architectural disputes require a balance between creativity and law. Legal.ge gives you access to lawyers who understand the nuances of intellectual property and construction law. Protect your creation and finances.

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