Using a Non-disclosure Agreement in Colorado

For firms that provide original, custom designs for their clients, such as architectural firms like Michael Fitzpatrick Architects, the use of non-disclosure agreements is an important part of the process of developing new designs. In the past, while technology and computers have improved, stakeholders in architectural projects have still often sought to protect their sensitive information and enforce the confidentiality of that information to be used only in ways that directly benefit the planned projects. Protecting this sensitive information and the confidentiality of plans and designs is still extraordinarily important today.

According to the in depth guide on comprehensive non-disclosure agreements in Colorado, the law in Colorado about non-disclosure agreements is based on the Uniform Trade Secrets Act of 1982. The purpose of the act is to allow and protect the owner of a new invention or design from having others use their new invention, concept, design, or other original work without permission or financially compensating him or her.

For architects, planning everything from residences to large offices, the law allows a plan for a new structure to be protected as long as it’s original or unique enough to be distinguished from other structures. Therefore, a proposed new building design could be protected in many ways through a non-disclosure agreement in the same way as any other kind of invention or device. In addition, the information can be treated as a trade secret as part of a contract between an architect and his or her client. If the contract is breached, the penalties can be severe for the disclosure of that information to anyone outside the partnership or relationship created by using the architect’s services and consulting with him or her to develop the design.

The Elements of an Architect’s Non-disclosure Agreement

While a contract can always be unique and specific to each project, there are several key elements that should occur in a contract to be valid. The following elements must be present or the contract may not be valid. When these key elements are present, the contract is likely to be valid if the person agrees to follow all the requirements and both parties sign the agreement.

Protecting Your Partnerships and Relationships

For architects, protecting your unique designs or your trade secrets is important whether you are primarily designing residences or commercial buildings. Just as important is protecting your relationships and partnerships that will be involved in carrying out your plans. Using an NDA can help protect the parties you work with as well, rather than only focusing on yourself. It ensures that everyone who is involved in the process of developing plans and designs is protected in a trusted agreement not to use that information unless it directly benefits the plans you are developing.