Even if you paid a drafter, you don't own anything about the plans. You only ever purchase a right to use them for construction. Which you can't do with preliminary plans.

You are going to need to start over. Which is a VERY good thing. It frees you from the baggage of so much that wasn't working anyway.

As for what you owe the builder, if you didn't sign a contract, you legally owe nothing. I'd still pay him something for his time. And write a review for him praising his strengths fairly, even though you've decided that he is not a good fit for you.

Hmmm, really? If so, that's another mark against the builders. They explicitly told me that once I paid the fee for the plans, I owned them. (Although they also verbally told me the fee was going to be less than what it ended up being, so not particularly surprising if they got that wrong, too.)

So not owning them, does that mean I can't use them to show other builders what I'm looking for (because large portions of it still reflect what I want, there are just some small changes)?

I'm getting a full set of complete plans, not "preliminary." They will be the set the this builder would use for the construction if I was to sign my name on the contract. I'm just not happy with them.

Edited to add: Isn't it normal for someone to get a set of plans, and then get bids from multiple builders? (I've read that you should get bids from at least 3 builders.) Certainly there must have been times someone chose a different builder based on the bids, and then at some point in the process decided to modify the plans that were originally created. Is that illegal? Or does it just mean we'd have to go back to the original draftsman for the modifications?

This is all negotiable.

wysmama,

But the builders themselves told me, a while ago, that once I paid for the plans they were mine, and I had the right to use them to shop other bids. They specifically used those words.

I'm so confused at this point...

Intellectual property always belongs to the creator. You never ever own any building plans, even ones you buy on the internet or pay an architect to create. Your money is going towards the one time use of those plans, not the plans themselves. The plans are the instruments of service to the intellectual ideas that you are purchasing to use. This is standard intellectual property rights.

In the US, the author of design drawings automatically receives a copyright for them without registering them. If the author is an employee, the employer receives the copyright. Normally, when you pay for design drawings, you receive the right to use the drawings to build one building. All of this should have been made clear in a written agreement.

Designers and builders work together in many different ways. A designer might be an employee or a consultant of the contractor or work directly for you. If you pay the designer directly, you might not have any further obligation to the builder, however, since the builder worked with you and passed the design on to a draftsman, the relationships are not clear. To whom will you write the check?

Before going forward read all previous correspondence and information about the builder in their brochures and website.

If their role is still not clear you will have to ask them to explain it (in writing). Before responding, post their response here.

I often ask a builder to work with me and the owner to design a house but the builder is paid a consulting fee and bids the work along with other builders. Usually the consulting fee would be subtracted from the first invoice if the builder won the bid.

If the builder was willing to bid the project competitively, I don't see why you couldn't use another designer to revise the design drawings and still let the builder bid the project.

Thanks all.

I did clarify one thing from past messages (thanks, RES, for suggesting I review all previous correspondence) that gives me some peace of mind. The money I am paying to them actually says it's for the plans AND for them to help design and create the bid. So I don't know what their cut is, but they are getting something for their time - and presumably something they considered fair. That makes me feel much better about it.

At this point I'm thinking my best option is to just write that check and walk away, and start over from scratch. Lesson learned, I'll do things better the next time around.

Thank all for the info.

Its normal for builders to clarify their role in the beginning and for the homeowner to be too focused on the complexities of the design process to remember it. A few of my clients have been surprised that they had signed an Owner-Architect agreement and none ever seem to remember the terms of it.

The next time around you will be much better prepared so this experience may turn out to be worthwhile. Stay positive and keep us posted.