During our discovery stage of building a new home we engaged 2 builders. "Builder A" and "Builder B". Builder A was our preferred builder, however, builder B had a nicer (but not perfect) design. We shared the preferred plan with "Builder A" with a request to "see if they had built anything similar". They hadn't, however, showed a sketch of what they could do to avoid copyright infringement. Following review of this sketch, I created my own sketch and shared with "Builder A" requesting "confirmation that this would not breach copyright" who (sales person) replied via email saying "This will negate any copyright concern"
We proceeded with "Builder A" using this floorplan and signed a preliminary agreement which also stated that any sketches we provide "Builder A" that breach copyright would indemnify "Builder A" from any liability. The sales person confirmed again that there is no breach.
Now "Builder B" has asked to see the floorplan design of our construction and believe it "could" be in breach of copyright. "Builder A" is arguing that this is not the case. My question is;
If the salesperson advised verbally and via email that "This will negate any copyright concern" Do I have anything to be concerned about?
We proceeded with "Builder A" using this floorplan and signed a preliminary agreement which also stated that any sketches we provide "Builder A" that breach copyright would indemnify "Builder A" from any liability. The sales person confirmed again that there is no breach.
Now "Builder B" has asked to see the floorplan design of our construction and believe it "could" be in breach of copyright. "Builder A" is arguing that this is not the case. My question is;
If the salesperson advised verbally and via email that "This will negate any copyright concern" Do I have anything to be concerned about?