# Forum More Stuff Debate & Technical Discussion  Design & Construct Quote to DA Only. How too?

## Whippet75

Hi Everyone. We are looking into a second story addition and have had plans and a quote from a large Design & Construct Company. We are happy with the plans, but the quote has come in way over what we thought, so have decided to put off the whole thing for 4 years while we save the extra money. However with all the councils merging in Sydney and a currently friendly neighbor situation, we still want to go ahead with the DA now, then start building in 4 years time. Our council allows 5 years to start. 
Thing is, the Design and Construct Company Says if they put in the DA, then they own the Build. We would therefore be committed to this company in 4 years time, at which time they could then screw us on the price. (Don't expect them to agree on a price now) 
Would like to know how I go about using the plans we paid them to draw up to get a DA now, then Revisit who builds the project in 4 years time?? Or do they own the Copyright on these plans, and if I want a separate DA, then I have to get new plans drawn up by someone else. 
Any Info much appreciated.

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## OBBob

If you paid separately to do the plans aren't they yours... tough situation.

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## Craigoss

Wouldn't you already have a copy of the plans on A3 paper or digitally from the company? If so you can just submit the DA based upon those plans, and provide the licensed builder details once you are ready to begin construction.

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## Whippet75

Yes paid for detailed sketch plans, & have A3 copies. I guess I can get a town planning company to submit a DA for me, but my question is really:  Am I going to run into copyright issues if it is not that company that ends up building it in a few years. ie Who owns the design. Me? The Architect who the company contracted to do the plans? Or the Design and Construct Company.

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## Sir Stinkalot

What does your contract with the company that prepared the design and was going to do the build say? 
Generally with these types of deal the design and planning is done either very cheaply or free to get you started and then you will end up covering the costs with a slightly higher than average build cost (not that you realise). 
You may be able to purchase the design and plans off the company who prepared them or negotiate a price to only see you through planning. I would suspect there will be some contract condition restricting your free use of the plans.

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## intertd6

> Hi Everyone. We are looking into a second story addition and have had plans and a quote from a large Design & Construct Company. We are happy with the plans, but the quote has come in way over what we thought, so have decided to put off the whole thing for 4 years while we save the extra money. However with all the councils merging in Sydney and a currently friendly neighbor situation, we still want to go ahead with the DA now, then start building in 4 years time. Our council allows 5 years to start. 
> Thing is, the Design and Construct Company Says if they put in the DA, then they own the Build. We would therefore be committed to this company in 4 years time, at which time they could then screw us on the price. (Don't expect them to agree on a price now) 
> Would like to know how I go about using the plans *we paid them to draw up* to get a DA now, then Revisit who builds the project in 4 years time?? Or do they own the Copyright on these plans, and if I want a separate DA, then I have to get new plans drawn up by someone else. 
> Any Info much appreciated.

  if you paid for the drawing of the plans, then they need to show you in writing why contracturally you can't use those plans you paid for, from a trade practices act perspective it sounds like a scam & even if you were contracturally not able to use them it doesn't pass the stink test, paying for something you can't use is deceptive & illegal in this country.
Normally who ever drew the plans have copyright on the drawings plus own them & you have paid them for the use of them.
inter

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## barney118

The problem you have is on your DA you need to put a license number on your application or you won't get through. The only way around it is to pay for the plans and submit as owner builder ( this will be your license number ) then you can get who ever you want in.  
Sent from my iPhone using Tapatalk

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## Craigoss

> The problem you have is on your DA you need to put a license number on your application or you won't get through. The only way around it is to pay for the plans and submit as owner builder ( this will be your license number ) then you can get who ever you want in.  
> Sent from my iPhone using Tapatalk

  You don't need to name the builder for my council in NSW to submit the DA until it's time to appoint a PCA. You should be able to submit the plans and get them passed, and when it's time to build, you submit the builders details to begin construction.

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## johnc

If you paid for the plans to be drawn up then really they are yours unless there was some specific clause that indicates otherwise. It is not as if you have knocked off a project builders plans and then just gone elsewhere to get something built. I doubt copyright applies here unless there is something particularly unique in the design however if in doubt contact a solicitor. There was an unscrupulous building company of fly by nighters I am aware of that would drive around looking for new builds that matched the appearance of one of their project plans and attempt to sue for copyright, sometimes they were successful, even though floor plans didn't match, they are no longer in business so I guess that business strategy didn't provide enough wins to survive. If I was the company though I would not want to submit plans for approval unless I was doing the build so I can see where they are coming from.

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