confidentiality

[SgWRX]

i happened to be talking to a new client today and we talked about confidentiality. i have no problems with that... my policy is, my work does not have to be discussed with anyone unless by law.

 

however he threw a twist: apparently it could come up that i could be asked to do a job for two different developers which are exactly the same. so each would be bidding to build on the same site, with the same plans and want me to do the images.

 

1. i know i can't do both

 

2. how am i supposed to know it's the same job until i see the plans in our initial meeting?

 

3. say i meet with someone and we agree to do the job, then someone else approaches me for the same job, i refuse, and the project gets built by the first group... wouldn't the 2nd group then know who my 1st client was?

 

4. suppose that group 'a' gives me a lot of work over a year. but group 'b' approaches me first for a new job. i can't play favorites and call up group 'a' to give them a chance... i suppose i could work on a first come first serve basis.

 

is there anything else i should be aware of in terms of confidentiality?

 

thanks

[SandmanNinja]

no direct experience with THIS, but I engaged a solicitor (lawyer) and he told me that he had done some prior work for the guy I was asking him about. He said he'd hear out the situation, but if he felt it conflicted, he'd have to refer me to someone else.

 

I'm sure Brian or someone smart has the answer to this.

 

But I have a feeling it will hinge on you in the role of an omniscient being and then make the judgement call.

 

Or, you can do the model twice!

[Arnold Sher]

We've encountered this several times... There is two elements here that are important.1. Never ever, do not tell the client about the other "pitch". It tends to upset them:p (mistakes of the youth and wanting to make more money). We always ask both, (in one case we had three architectural companies pitching on the same job and they all phoned us) if they have a problem with it and if they do than 2. It is first come first serve. Whoever gets to the bank the quickest and deposits the money wins... ... In saying that there is also clients that make you sign a confidentiality agreement every time you work with them. Anything related to diamond mining, banking or casino design pretty much guarantees an agreement that is as thick as a book and at the end of the job there is usually a guy that comes over to collect the final product as well as everything related to the job including the working files. it is part of the agreement and if you do not like it, do not take on the job... Anyway that is my two cents worth..

[ikinman]

Unless you sign a contract that specifically forbids it, it's OK to work on both jobs. Ethics requires you to keep information on one project away from the client of the other one. Ethics also requires you to inform both clients of the situation.

 

We've done this before (working on renderings for two submissions for a single competition, say), but in the end I don't recommend it. The basic problem is going to be one of scheduling - you'll end up with two large jobs due at exactly the same time. This definitely taxes your resources. And in the end, it's too easy to get yourself into a situation where you focus on one over the other - something to be avoided, as you always want to give your clients your best work.

 

Typically we will do a first come first serve, but it's not a rigid rule. Each client will want a different amount of work, and be willing to pay a different amount of money, so you will want to take that into account, along with any history you have with either of the clients, etc.

 

As far as SgWRX's specific points, for point 3, it's not your problem. If someone infers you are working on something, that's not your responsibility. And as far as point 4 - if I have a good client of long standing, and am approached to do a competition by a second client, I will ask my first client if they are going after that job before I give an answer to the second. That's how they stay a good client.

 

It can be work, but it's always good to stay ahead of the game on things like this and find out about the competitions before your clients call. Register with government agencies for advance notice of architectural RFPs, and scour local websites for scuttlebutt. I've actually told clients about RFPs and competitions prior to them being aware of it.

[SgWRX]

thanks all. i didn't think of this:

Ethics also requires you to inform both clients of the situation.

meaning inform the both clients that i have two people working on the same job.

 

heh, this is why it's probably easier to get hired with a firm, no extra worries

[M V]

I think there would have to be some sort of 'do not compete' clause in the contract. If not, work is work and you will most likely lose one of the two clients when it's all said and done... maybe even both if neither of them wins.