Hi, As a building owner, we have asked one consultant completed an arc flash study for our buildings. At the end of the study, we only received the report and warning labels, but not the program files and lib files. Is that supposed to be our property too? Thanks!

If you didn't specify it in the Scope of Work/contract, I'm not sure you have much leg to stand on. You can always ask...

Do you have the software to open the files if you do get them?

Mike

Yes, we do. My understanding is that the program files shall be a property to the owner as well as the report and labels. It is not ethically right not to be shared with the owner who pays for it.

Not sure why you think this. Unless it was specified in the bid scope or it appears in the vendor's bid proposal under Deliverables that the program files are to be turned over at the completion of the job, I don't think you have much of a case to obtain them. You could always ask the vendor for a price to purchase the program files.

If we are willing to pay for the extra to get the program files, do you think that the consultant still has the right to reject the release of their files?

That would be up to the consultant. From a consultant's viewpoint, a lot of effort went into developing the model such as data collection, data input, model verification, etc. Yes, this was paid for as part of the project but the model also represents future earnings as it would be cheaper to hire that consultant for any changes and updates to the system that are made versus hiring a new consultant and starting from scratch. By giving up the program files, the consultant stands to lose that future revenue.

So the consultant will need to price the program files accordingly or may choose not to release the files. The other item to consider is that the consultant has great confidence in the accuracy of the files as long as they maintain control of them. Once they are turned over, they do not have that same confidence in the files.

When I worked for Siemens, in our quote we took exception to providing the project files, Siemens considered this intellectual property. I don't think anyone ever really asked for them. I have seen this specified in some project we perform, and also they specify a view program so they can view the study. I am sure it has to do with the liability of the study, and then someone else changing the study no longer in control of the consultant.

I consider the study files to be similar to any other architectural or engineering documents. Do your specifications require providing the original source/data files for software like AutoCAD or Revit?

And yes, over my career there have been times when I provided my study files, as well as times when I have asked customers to give theirs to me. I do see a reason for some files to be provided, especially when the customer might want to perform analyses that were not part of the original study scope or tasks like coordination adjustments during equipment upgrades.
But, I would not simply push the 'analyze' button on study files I was not involved in creating.

Yes the digital back-up files and any custom library files are the client's property. If the consultant doesn't provided them:

1. Do not use them again.
2. Pay 1 hour to get the files emailed to you.
3. Accept a letter disclaiming that they only accept liability for the details of their report and not for any changes to model after the date on their transmittal to you.

If you still have problems in Canada I would report them to the Professional Engineering Association.,

This is my philosophy as well, that the files belong to the client.

I agree, you should get the files or work product. If you want to open them, that's another deal. Sort of like getting a WORD file, to modify the WORD file, you need the program. You paid for the work and the work product should be part of what you get. We always provide the files. We also tell them if they make changes, those changes need to be reviewed by a qualified person.

You are very generous to provide said files if it is not in your contract to do so. This exposes you to a number of risks.
a. That the client will re-use without your knowledge or oversight, exposing you to risk if they should misuse or misinterpret your data.
b. That the client will give your files to another consultant to bid against you for future services and also may misuse your data.

Many engineers retain copyright of their instruments of professional service for these reasons. Many design engineers and architects do the same with their drawings and specifications and will not release CAD files (or do so only with carefully worded disclaimers) for similar reasons. Design professional insurance companies strongly recommend this practice.

When I worked in Facilities at a university I required the files to be turned over to me as part of the contract or PO. This was known up front. Never had an issue getting them from the consultants.

At mines, at least half the time the client provides a starting "file" (SKM project), which saves a lot of time. We still go and verify a lot of it, especially equipment that has a big effect on the IE, and update it with any new things. In that case, it's obvious that we would return the file. On most other sites, we don't return the file and they don't ask-- they know they'll never use it themselves and probably assume the next engineer will make everything from scratch. The report that we send has basically all the info in the project, so someone could recreate the SKM project themselves from the report, so we aren't too precious about handing over the file. But a lot of times the report layouts, the AF Label template layouts, etc, are made in house and we do not send those, so the client wouldn't be able to make new labels without some shenanigans. (Editing the PDF would be possible if they were really determined.)

To answer your question directly, no there is no obvious expectation that they would give you the file, but it's not unheard of. If they don't, at least remember to put it in the deliverables list next time.