Engineering and architecture
Delegated design submittals: whose work product is it?
By SourceX Editorial · Reviewed by Noah Loul ·
Short answer
Delegated design submittals are the specialty engineer's work product: the calculations and drawings they seal are their design, which the contractor and owner use for the project. The engineer of record's performance criteria, review comments and submittal logs are the EOR firm's own records. Split the two before any reuse, and keep only what the EOR authored.
Key takeaways
- The specialty engineer who seals a delegated design is its author and keeps ownership absent a written assignment.
- The engineer of record's performance criteria, review comments and dispositions are the EOR firm's records.
- AIA A201-2017 Section 1.5.1 bars contractors, subcontractors and suppliers from claiming copyright in the architect's and consultants' instruments of service.
- EOR review records show expert judgment in sequence, but they quote the specialty engineer's work and need careful separation.
- Submittal logs on contractor-owned platforms are controlled by the platform owner, so export your own entries while you have access.
Whose work product is a delegated design submittal?#
A delegated design submittal is the specialty engineer's work product. When a contract delegates the design of a component, such as precast connections or a curtain wall anchorage system, the contractor's specialty engineer prepares and seals the calculations and drawings, and that engineer is their author.
The engineer of record reviews the submittal for conformance with the performance criteria and design intent. The EOR's review stamp, comments and correspondence are the EOR firm's own records, created in its role on the project. That split is the starting point for every ownership and licensing question that follows.
Which items are commonly delegated?#
Commonly delegated items are components whose design depends on a particular manufacturer's or fabricator's system. The specification sets performance criteria, loads and constraints, and the specialty engineer designs within them, often with the fabricator's detailers producing the shop drawings.
Deferred submittals are the permitting counterpart. Building departments may let certain delegated items be submitted for approval after the main permit is issued, which adds a building official's review, and its correspondence, to the record trail. Track those approvals in the same log as the EOR review so the sequence stays complete.
The specification language that sets up delegation is itself a strong EOR record. Well-written delegated design sections state design criteria, loads, serviceability limits, submittal content and the specialty engineer's qualifications, and firms refine that language project after project as problems surface in review.
- Steel connections designed by the fabricator's engineer.
- Precast and post-tensioned concrete elements.
- Cold-formed steel framing systems.
- Wood and metal plate-connected trusses.
- Curtain wall, storefront and cladding attachment systems.
- Metal stairs, railings and canopies.
- Seismic bracing and anchorage for MEP equipment.
- 01Your work records
- 02Personal details removed
- 03You approve the release
- 04Licensed to AI developers
How the ownership splits, record by record#
Ownership splits record by record, and the table shows the usual position for a structural EOR firm. Contracts and project requirements can change any row, so treat it as a sorting guide for a rights review rather than a conclusion.
| Record | Author | Usual holder of rights | EOR firm's licensing position |
|---|---|---|---|
| Performance criteria in specifications and drawings | EOR | EOR firm, owner licensed for the project | Candidate after removing project details |
| Specialty engineer's calculations | Specialty engineer | Specialty engineer | Exclude |
| Delegated design shop drawings | Specialty engineer and fabricator | Specialty engineer or fabricator | Exclude |
| EOR review comments and stamps | EOR | EOR firm | Candidate after removing quoted design content |
| Resubmittal history and dispositions | EOR and contractor | EOR firm for its own entries | Candidate as metadata and comments |
| RFIs about delegated items | Contractor and EOR | Each party for its own text | Candidate for EOR responses |
| Submittal log in a project platform | Contractor or EOR, by platform | Depends on who owns the platform project | Export the EOR's own entries only |
What do the contract forms say?#
The AIA general conditions protect the design team's documents from contractor ownership claims. AIA A201-2017 Section 1.5.1 states that the architect and its consultants are the authors and owners of their instruments of service, and that the contractor, subcontractors, sub-subcontractors and suppliers shall not own or claim a copyright in them. Section 1.5.2 lets them use and reproduce the instruments only for performing the work.
The specialty engineer's own design is a different matter. It is usually commissioned by a subcontractor or fabricator, not prepared by the EOR's employees, so it is not the EOR's work. Under US copyright law, a commissioned work is a work made for hire only within listed statutory categories and with a signed written agreement, so absent an assignment the specialty engineer generally keeps authorship.
Under the common AIA general conditions, shop drawings and similar submittals are not contract documents. They show how the contractor proposes to meet the design, which reinforces that the EOR's role in delegated design is review, not authorship.
Why EOR review records are worth separating#
EOR review records are worth separating because they capture expert judgment in a clean sequence: a submittal arrives, the engineer compares it with the criteria, returns comments, and a revised submittal closes the loop. That chain is human-generated, specific to structural practice and hard to reproduce, which are value drivers in the SourceX Enterprise Data Value Framework.
The difficulty is that review comments quote the specialty engineer's numbers, sketches and assumptions. A comment asking for a revised weld or a different anchor embedment refers directly to someone else's design. Preparation should keep the EOR's reasoning and disposition while removing copied calculations, markups drawn on the specialty engineer's sheets, seals and the fabricator's identity.
Submittal metadata can carry value on its own. The number of review cycles per delegated item, the time between submission and approval, and the recurring reasons for rejection describe how delegation works in practice, and they can be shared without quoting anyone's design.
| Keep from the EOR record | Remove before reuse |
|---|---|
| Comment text stating the EOR's reasoning | Quoted calculations and values from the submittal |
| Disposition codes and resubmittal counts | Markups drawn on the specialty engineer's sheets |
| Criteria references in the EOR's own words | Seals, signatures and license numbers |
| Sequence and dates of review cycles | Project, fabricator and specialty engineer names |
Illustrative: a structural firm licenses its review history, not the shop drawings#
Illustrative: a fictional structural engineering firm keeps many years of submittal reviews in Bluebeam sessions, in Procore submittal logs on contractor-hosted projects and in its own project folders. Its CEO asks whether the review history can be licensed.
Counsel concludes that the specialty engineers' calculations and shop drawings are out, as are submittal logs on contractor-owned Procore projects, apart from the firm's own exported comments. The candidate package contains the firm's review comments and dispositions, its performance criteria language and its RFI responses on delegated items, with project names, fabricators, seals and quoted calculations removed. The firm approves the package scope before anything moves.
How SourceX handles delegated design records#
SourceX handles delegated design records by tracing authorship first. In the SourceX five-step transaction, the Rights step separates EOR-authored records from specialty engineer and contractor material, and the Preparation step removes quoted design content, seals and identifiers.
Every approved package carries a SourceX Evidence Packet documenting provenance, licensing rights, permitted use, the privacy record and release authorization. The EOR firm decides what is included, and nothing is shared during the initial fit check.
Frequently asked questions
Does reviewing a delegated design make the EOR its author?
No. Responsibility and authorship are separate questions. Contracts, specifications and state rules define the EOR's review responsibility, which is usually limited to conformance with criteria and design intent. That review does not make the EOR the author. Confirm the allocation in your agreement and specifications with counsel.
Can we reuse a specialty engineer's connection design on another project?
Not without permission. The design is the specialty engineer's work, provided for the project. Reusing it elsewhere would fall outside that use. If a design is useful, develop your own criteria or details, or obtain a written license from the specialty engineer.
Who controls the submittal log in a contractor's Procore project?
The company that owns the Procore project typically controls access, while each party authored its own entries. Export your firm's own review comments and dispositions while you still have access, and check the project agreements before reusing anything else.
Do the specialty engineer's replies to our comments belong to them?
Yes. Their responses are their own authored text, just as your comments are yours. In a combined review thread, keep your firm's entries and describe theirs in neutral terms, such as noting that a revised submittal was received, rather than copying their wording into a package.
Should our specifications say who owns delegated design documents?
Many firms address it. A specification section can require the specialty engineer to grant the owner and the EOR a license to use submitted documents for the project and for records. Drafting such a clause is a job for counsel, but clarity at bid time avoids disputes later.
Are deferred submittal approvals by the building official public records?
They may be, depending on the jurisdiction. Public availability does not transfer ownership or grant a license to the EOR. Treat building department correspondence like any other third-party record and include only text the firm authored.
Sources
- AIA A201-2017 Section 1.5.1 states that the Architect and the Architect's consultants are deemed the authors and owners of their Instruments of Service, and that the Contractor, Subcontractors, Sub-subcontractors and suppliers shall not own or claim a copyright in the Instruments of Service. Source
- AIA A201-2017 Section 1.5.2 authorizes the Contractor and its subcontractors and suppliers to use and reproduce the Instruments of Service only for performing the Work. Source
- 17 U.S.C. 101 defines a work made for hire as a work prepared by an employee within the scope of employment, or a specially ordered or commissioned work in listed categories, if the parties expressly agree in a signed written instrument. Source
Related resources
See if your company qualifies
A short company assessment. No data uploads are needed.