I don't know if it is a standard practice. I do think that if it is "her" standard practice that it needed to have been explained as such upfront. That is a pretty significant amount of $$$ to only see it twice! Did you at least get some snapshots as a souvenir?? I'm sorry that you didn't get what you expected. I think you have every right to sit down and have a discussion with her about just what you paid for...at the very least, maybe you could negotiate something off the bottom line.

Thanks so much for responding...my husband is out of the country and I have been stewing about this all day. She sort of ambushed me, and when I told her I should have been told previously & I wanted to take off 1/2 the cost of the model, off the bottom line, she got ticked and accused me of not paying for the work she completed. Which is a complete lie! She had no problem cashing my check the day after I saw it the first time. I did get a few pictures, completely by accident, but if I would have known that I wasn't going to actually keep it, I would have taken many more.
Have you ever heard of this happening before?

All original work products belong to the architect unless your contract says otherwise.

I agree with mightyanvil, but still it should of been in writing or at the very least, explained to you.

I am curious, what do you plan to do with it?

It seems to me that if you paid your architect to "build a model for you", then you in fact paid your architect to "build a model for you," and you have an oral contract that she built it "for you."

However, I admit that I don't understand the term "work product." Those words placed together don't mean anything to me. I googled them, and it appears that it is a term that was used in a Supreme Court ruling about items produced by an attorney that are or are not available for discovery in a legal proceding. In what I was able to find, the term does not appear to have any meaning outside the materials produced by an attorney in preparation for a legal action.

Could someone perhaps explain to me what "work product" is supposed to mean in this particular context?

"Work product" here would include the model, sorry to say. It doesn't just apply to attorneys. It is a way of protecting people who produce things in the course of doing their jobs from having to turn those things over to their clients, or having them be introduced in a court of law.

Their doodles on a notepad that they pass back and forth to their colleagues in their office, which contain comments about what an absurd position their clients are taking and how they hate their hairdo too--those are all "work product" and are legally protected from discovery and they don't have to let you see or keep them either, although they are a part of the process of their work for you. And aren't we ALL glad to have those protections?!

Sadly, this is why we need to hire an attorney before we enter into any legal contract and have him explain the meaning of everything in the contract we are considering signing. It is my understanding that, as it applies to the architectural profession, models are usually cast as "work product." So, you don't get to take it home.

You do get construction drawings with a license to build one building from them. You'll have to settle for waiting for the full size model. It would be fun to have the model for your shelf, though.

I knew all original work by the architect belonged to her, but I commissioned her to build a a very simple model for the home that she was designing. I paid her above and beyond the fee charged for the actual "blue prints". This is our dream home and the last house we plan on building in our lifetime. My husband likes idea of a model and actually wanted to put it on display in the home once it is built. I surprised him by having her build it, now what a surprise he will find when he returns.
Thanks again for all your help.

I guess I don't understand what the difference between having a professional model maker construct it, like I originally wanted to, and was talked out of, and having the home designer build it? She knew what my intended purpose was, and I paid her based on that. It was never built to just "show" me what the house would look like, before we built, I knew what the home would look like from the plans. I could have hired an outsider to construct it, but based on her sales persuasion I paid her to do it instead.

pinkshells: "She[the architect] knew what my intended purpose was...." You mean she knew you wanted to take it home and keep it forever? Really? What do you have in writing about that understanding? Or, any witnesses to the conversation?

If she truly had that understanding I can't imagine why she built it for you, knowing you couldn't keep it. That sounds like a real poor way to manage a professional practice.

Are you in a position to risk making her mad? Do you have everything you need from her otherwise to build your home? You're not using her to administer your builder's contract? If you're done with her, then even if you have no evidence, I'd threaten to take her to small claims court (call the court that has jurisdiction and ask what the dollar limit is for a small claim). Get the paperwork and be ready to go with it--and find out the time limits for filing a claim.
Send her an email, return receipt requested, plus a first class letter containing your email message and give her a SHORT time to hand over the model (you've got to stay within the court's limits).

If she fails to give you the model, and you really want it, hire a lawyer to advise you. Quite often I've done all the legwork and organized all the documentation on my actions to date, met with a lawyer and for 1 hour of his billed time he writes a letter to the person. Relatively small cost; usually produces results. If it doesn't, she may just be insane and you might want to steer clear of her! (LOL)

Disclaimer: I am not an attorney. I do not play one on TV. Although any advice given here is meant purely for entertainment.

The Architectural Works Copyright Protection Act of 1990 defines "architectural work " as "the design of a building as embodied in any tangible medium of expressionÂ" The original Work of an architect automatically belongs to the architect (even without filing a copyright notice or putting a notice on the work) and the client has the right to use copies of the Work for the purpose of building only one house. Originals never leave an architect's office except in the case of institutional clients who pay a lot for the computer files in order to facilitate facilities management.

This protection is not limited to architects but if the person who made the model is not an architect registered in the state where the project is being built, you might be able to claim you hired him/her to build a model for your personal use separate and independent from the design fee. If this person had actually ever built a model for someone's use, say for an architectural firm, he/she would would not have any defense.

In most states even the use of the word "architectural" orally or in writing is considered the practice of architecture without a license and sometimes prosecuted as fraud. Find something with "architectural" written on it and you probably can get the model delivered to your house at no additional cost.

Some designers are so ignorant of registration laws that they send their resumes to architectural firms with "Architectural Designer" on the letter head. By doing this they lose any protection they might otherwise have had from a court for any contract issue. This is also true for architects working in another state where they have bothered to get a license.

As far as displaying the model, they usually look pretty awful after a year unless they are in a plexiglass case which would be a bit like stuffing a pet after it dies.

The architect cannot deny you photographs of it.

Your situation has really gotten me angry about what she's done. Even in the general case (not your specific case), what she has done is quite immoral, irrespective of whether or not it happens to be legal. When someone asks you to make a model for then, the normal assumption would be that they want to keep the model. Duh! To then take their money, make the model, and then say, "Oh, by the way, this is a "work product", so the law says I get to keep it! Nah nah nah nah nah nah! (stick out tongue)" is wrong and immoral on SO many levels!

In your case, though, it's even worse, because according to your description of how this came about, she clearly understood that you intended to have a model made that you would keep, and she tricked you into paying her to make a model, and then at the last minute pulled out this "work product" nonsense to take it away from you.

This has even got me steaming about her bad treatment of you!

Oh my gosh, thank you so much. I can't begin to tell you how much better I feel reading your posts. You have made me smile, and I didn't at all yesterday! Today, I am a little more calm, however not more forgiving. Our lawyer happens to be a very good friend so I have put a call into him, I will let you know what comes of it.
Yesterday, I went through the gauntlet of emotions from being so angry to being completely disheartened. I trusted her, confided in her my frustrations with the builder, empathized with her when she had health problems that made my plans four months late, etc. I feel betrayed as if she was just being nice to me for the past 9 months while I was her cash cow, and now the plans are finished she's washed her hands of me. Evil!
Solarpowered...you kill me with the nah nah nah's! Too funny. I greatly appreciate your frustration on my behalf. You have summed up my feelings exactly.
mightyanvil....thank you again for all of the explanations. She is actually not a licensed architect but an "architect designer". I am still going to have my plans reviewed and stamped. I knew this going in and based on her prior work and attention to detail, we still had her design the home. Her title on her business card is "Architectural and Interior Design Services". And if I am understanding you correctly she shouldn't actually use the term architectural?
We live in a small community in Michigan and our choices of designers are limited and I had already fired the first licensed architect when drew the home at 6000 sq ft when in the contract it was to stay under 4000 and told me all along it was under 4000.(long story) Anyway, truthfully the home is perfection, no detail regarding our needs was overlooked. It's amazing and I couldn't be happier about the design. But she snapped and turned crazy on me yesterday and I was taken completely by surprise.
I think when we finally start to build, it will be the easy part!

It could be the simple fact that she is afraid that in handing over the model you will be expecting the end product to look identical. When your home is built per plans and is not exactly the same as the model (design liberties may have been taken and item is not to scale, colors, if used, are not exact) then you could cause her potential headaches later on.
This is 'work product', but she does have the right to hand this over.
If she works for a firm you would need to speak to the Principles.
Perhaps you just need to sign a waver that you will not hold her (or the firm) liable if the end product does not look identical to the model.

Here is the law in the State of Michigan

Sec. 2014. - A person is subject to the penalties set forth in article 6 who commits 1 of the following:

(a) Uses the term "architect", "professional engineer", "land surveyor", "professional surveyor", or a similar term in connection with the person's name unless the person is licensed in the appropriate practice under this article.

(b) Presents or attempts to use as the person's own the license or seal of another.

(c) Attempts to use an expired, suspended, or revoked license.
(d) Uses the words "architecture", "professional engineering", "land surveying", "professional surveying",
or a similar term in a firm name without authorization by the appropriate board.

(e) Submits to a public official of this state or a political subdivision of this state for approval, a permit or a plan for filing as a public record, a specification, a report, or a land survey that does not bear 1 or more seals
of a licensee as required by this article. This subdivision does not apply to a public work costing less than $15,000.00 or a residential building containing not more than 3,500 square feet of calculated floor area. As used in this subdivision, "calculated floor area" means that term as defined in section 2012(2)(a).

What this means is that an unlicensed designer (who is not a member of an architectural firm) cannot design a house with more than 3,500 s.f of habitable area (gross area but doesn't include bathrooms, halls or storage rooms).

That person also cannot use the term "architect" or any similar term ("architectural" is obviously similar) before of after their name.

That person also cannot use the term "architecture" or any similar term ("architectural" is obviously similar) as part of their company name.

The use of the terms "architect designer" to describe herself and "Architectural and Interior Design Services" to describe her company is clearly prohibited in the State of Michigan (as it is in the 8 states where I have practiced).

I don't see how this person can give you much of an argument about letting you have the model. Just play dumb and tell her you are going to ask the State Board of Registration if an "architectural designer" can refuse to let a client have a model. I think she will bring the model over within the hour with some flowers and perhaps a ham. If she doesn't, file a complaint and let justice prevail.

Here is a link that might be useful: complaint form

It would add considerable clout to your case if you told this person that you thought she was an architect because of the descriptive terms she has used containing the root word "architect" in one form or another ... after all, you did start this thread by calling her your "architect" not your "home designer". "Architect" is not a generic descriptive term anymore than are the terms engineer, doctor or lawyer and that's true in all states.

But first, find evidence of her use of those prohibited words in writing. If you wanted to play hardball you could probably get her to refund the entire fee and any legal expenses. If she didn't volunteer, a court would most certainly force her to do so. She would be lucky to avoid a hefty fine and possibly the return of prior fees.

Falsely leading someone to believe you are an architect is not a simple matter of using generic professional terms in a clever manner; it is considered consumer fraud in Michigan and it usually only takes one piece of evidence of use of the prohibited term to get the state involved.

I was unable to sue a client in Rhode Island for my fee because my NCARB reciprocal registration wasn't granted until after I made the proposal for the work... Michigan is more reasonable; I can make a proposal but can't start the work until the registration is granted.

This person is making a living using the titles and terms of professional capacity that an architect in Michigan has to work long and hard to get: 8 years of experience/school, 5 professional recommendations, and a passing score on a very tough exam. I would show her no mercy.

By the way, it is also illegal for an architect to stamp a set of drawings not prepared under his/her supervision, not that many would be foolish enough to do that anyway because of the unreasonable liability relative to the fee. If their liability insurance carrier discovered this kind of activity they might drop the account which could put a firm out of business overnight.

So who is the person you say is going to review and stamp the drawings and why is a stamp even necessary? Is the house that large?

Wait a minute; pink....you're having 'architectural' work done by someone who's not an architect? That's REAL bad here in Michigan. The State (rightfully), vigorously investigates and prosecutes 'home-building' related offenses involving false advertising and false work.

Awesome work mightyanvil! Your information is definitely the solution here. Accounting is another of the professions that has a protected description. In Texas you cannot perform "accounting" work unless you are registered with the state, you can only do bookkeeping.