Compare a design novation package with the design contract and the construction contract
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List who each document says must perform the design, who it says owns the design documents, and which document is signed. Quote the clause. Do not write a novation deed.
- What the lawyer must review
- No novation statute was opened. The effect of the package is what the signed documents say, which the lawyer reads under the governing state contract law. 17 U.S.C. § 201(a) vests copyright initially in the author. Section 201(b): for a work made for hire, the employer or other person for whom the work was prepared is the author unless the parties expressly agree otherwise in a written instrument signed by them. Section 101 defines a work made for hire as a work prepared by an employee within the scope of employment, or a specially commissioned work in a listed category if the parties agree in a signed writing. Ordinary design drawings may or may not fall in that commissioned list. The lawyer decides. The lawyer writes any deed that will be signed. Formal Opinion 512: the comparison is checked against the signed PDFs.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.