Gravitas Blog

Gravitas is a Custom Home design company.  That’s what we do, or at least, that’s a majority of what we do.  One of the immensely satisfying aspects of our job, is to work with a family, tease out their wants and needs in a new home, balance those needs with the reality of their budget, site constraints, or Home Owners Association, and arrive at a unique solution for that particular family.  Sometimes reinventing the wheel isn’t always necessary.  We might have worked out a particularly successful kitchen arrangement in a previous home.  Or maybe they found us through our web site, and one of our homes caught their eye.  They want our “Sages”, plan, with some modifications.  This happens all of the time, and that’s what those plans are there for, to inspire our clients, or prospective clients.

Sometimes, though, we meet with a couple, and in their scrap book for their dream home they have found a plan from an architect, or building company that they just love.  They want “That” home, with some modifications.  That’s when we have the discussion about intellectual property rights.  We are in the creation business.  So is our competition. US copyright law has given everyone a tool with which to protect their investment in time, and secure the right to use a design, work of art, book, or any unique published creation.  We go through great lengths respecting the copyright that others have over their work.  We’ve lost projects, because we have told our prospective clients that we can’t copy someone else’s design.  We either need to purchase the right to use it, or come up with something new.

This is where a lot of the commentary in the industry lies.  How much do you need to change a plan to make it unique, or at least to not infringe on the copyright holder?  Let me preface this, and everything else before, and after with a disclaimer.  I am not a lawyer.  I don’t pretend to be one, nor do I want to be one.  I am just a person that has had to  work with intellectual property rights since I first started down the architecture path many years ago.  The words in this entry are purely my own opinion, and you should seek the counsel of someone versed in your specific needs, as necessary. .

The rule of thumb in the industry that I was taught was that it’s acceptable to use another persons idea, as long as I changed the design by 17%..  I think this is rather comical. What constitutes 17%?  I certainly don’t know if moving a bathroom, and enlarging the floor plan is adequate.  I can’t track 17% changes to something, and if we were concerned about just meeting that number, we would not be doing our clients any justice.  If you think you so close that you need to know what 17% is, you are way too close.

We have a program called “Plan of the Month”.  This is where we take one of our past projects and offer it as a “standard” plan.  These are our unique creations based on specific client parameters, so we may use them in any manner we see fit.  We have outlined what rights we have reserved for Gravitas in the contract with our clients, as well as on our title block, so all parties are aware of what is happening.

Recently we issued out one of our plans in this manner.  Later, after reviewing an issue of Log Home Living, we noticed that there was a plan very similar to one we had created.  Immediately, we went to our files, to see what had happened.  As a general rule, the first thing we do is make sure that we didn’t step on any toes, and take something that wasn’t ours.  We always respect where an idea comes from in the design process, but you can’t always control where a client is inspired.  It turns out that there were some plan sketches in the file that the owner provided, and they looked too close to the published plan for comfort.  We didn’t infringe on copyright with our process, but the owner brought something into the system that wasn’t acceptable and put us in a predicament.  We notified the company that had published the plan, and let them know we had just become aware of the problem, and had removed it from use in our plan book.  Luckily we are on good terms with them, and they could see we took the necessary steps to stop the infringement that had been caused.

The courts use a determination of “substantial similarity.”¹) when figuring out if there is an infringement case.  This is a subjective determination but that is the nature of design.  It comes down to if an ordinary observer, after discounting disparities in the design, would find the two designs to be substantially similar²).  For us, it comes down to a gut check; if we feel two designs look close to each other, they are, and we address the problem.

We work with contractors or log, timber, or modular manufacturers that have stock plans.  They often wish to have their plan used with a prospective client, but with some changes.  In this instance, that company is the copyright holder, and so it works out well.  Where there is a problem, is when a client brings in a plan from a log home manufacturer (for instance), and they want to go elsewhere for their log materials but use that plan.  We have a simple answer.  Either license the right to use the plan from the original creator, or let’s start from scratch.

Going through our design process and creating a unique design for the specific needs of a client ends up with a home that is better tailored to the individual.  We say that you shouldn’t modify your living habits to match a particular stock plan, but that you should modify your building design to match your particular living habits.  A fully custom home is not always in the needs of our clients though.  These are times when a stock plan would be useful.  Some copyright holders offer their plans for use on a licensing basis for a small fee. This would allow you to use the plan as a template to make your changes. At Gravitas we currently license our plans for $.25/SF. We have relationships with many contractors, developers and manufactures and they highlight our plans on their web sites as “The Gravitas Series”, or in some other manner acknowledging the source of the material. This allows them to show our plans and then license them for use with individual clients if they want to use their own in-house designers without any copyright infringement.

MarkWagner<>Gravitas

1. Howard v. Sterchi, 974 F.2d 1272, 1276 (11th Cir. 1992 [↩]
2. Shine, 382 F. Supp. 2d at 614 (quoting Folio Impressions, Inc. v. Byer Cal., 937 F.2d 759, 765 (2d Cir. 1991 [↩]

For this Behind the Log Home Scenes post we will share a bit of advice from Rick Friesen of Caribou Creek Log Homes. This is part of a lengthy interview that you can read in its entirety on Log Cabin Directory. With permission, I have extracted some information that will be appropriate for many of our blog readers. Here is what Rick had to say as advice for new log home buyers and some straight talk on marketing and the endless battle of Handcrafted Vs. Milled.

Everyone seems to love lists!  Here are my top 8 bits of advice:

1. Fully understand the differences between a handcrafted log home and a milled log home. Both are still log homes and one is not better than the other. They’re just different.
2. Don’t get caught up in the “hype” (marketing or otherwise). Many of the great systems and solutions and terms in the milled log home market don’t apply to a handcrafted home.  Either we don’t have the same issues or the “solution” is very different for a handcrafted home.
3. Compare apples to apples! If you really want a quote, get an official one with full specifications!  Don’t go by “guesstimates.”  Get the company to give more than a “We’re confident we can give you walls and a roof for under $xxx…”  You wouldn’t believe how many times we’ve have seen clients hang their hat on something that is mere marketing fluff – not a specific, detailed quote.
4. Realize that the company with the least expensive log home shell may not mean you end up with a less expensive finished home! Ask questions about and understand the level of finish (or “completeness”) you will be receiving when the home is shipped.  Many log home manufacturers differ drastically in what labor they complete in their yard before shipping or what they expect a homeowner to do once the home has been reassembled. We’ve seen our quotes turned down because we were $1000 more expensive than Brand X’s log shell.  But we knew the client was going to have to pay for a lot more work to his home once he got Brand X’s shell delivered, much more than that original $1000.  It just went to a contractor instead of the log home manufacturer.
5. Start a relationship, with whatever log home company you choose, with a view toward the long term. Having that open relationship and talking about the issues addressed here will save you money and hassle in the long run and you will feel better and more confident about the whole process.  You will know someone’s got your back.  Who knows, you might make a great friend in the process.  We often do. If you don’t make that connection right away, ask if someone else can help you.  You might even decide it’s not the company you want to end up working with.
6. Work on the plan design, work on the plan design, work on the plan design… We cannot underscore enough how important this is!  Once construction is started on a log home – especially a handcrafted one, it is very difficult to change that window, or to move that dining room wall “a little”.  There are other important considerations too, such as maximizing the design for protection of the logs from rain and sun and other hash elements of nature.  Take your time on the front end.
7. Set a realistic budget – understand that handcrafted homes are usually more expensive than a milled log home of similar size and design.  However, if you love that handcrafted look, dream of artisans lovingly sculpting you your dream home – maybe it’s just what you were looking for.  Again, see the comments above about levels of completeness, and getting detailed quotes.  Ask your representative what ways they suggest to control the costs over the course of the whole project.
8. Have fun! Remember, it’s your dream.  You get to control it, direct it.  Enjoy the process!  Learn everything you can.  The prize at the bottom is worth it!

Thanks for sharing Rick, and Tom for your time on the original interview. Images below used with permission from Caribou Creek

There are quite a few myths about log homes that are circulating among folks who are already having enough problems with sorting log facts from fiction.  Here’s my take on one of the biggest myths in the log home industry – How to get the “final“  total price of a log home from a manufacturer.  Time and time again, when I was selling log homes, customers would ask me to verify how to come to the final price on their new log home – to take the log package price and multiply it by 4, to take the advertised SF of a plan and multiply that by $150 a square foot, to see what the maximum they qualified for and add 10-25%.  The short answer to that question is – it depends.  Not very reassuring.  Here’s why.  Using multiplier won’t work because every log home manufacturer’s components package is different.  Company A’s product may be pre-cut, contain fastening hardware, with doors and windows.  Company B’s product may contain only the raw, random length wall logs and other log components.  If you use a static multiplier for either package, you’re going to get some fictional number that won’t do your budget any good.  There are just too many factors involved in getting an accurate job cost to just throw out “just multiply the log package price by “x” and you’ll have your budget.”  That won’t even get you in the ball park.  If someone gives you that advice, politely thank them and run the other direction.

When someone gives you an estimate of “x”  dollars per sqaure foot – take a few more mintues to ask this person some follow up questions.  If you are talking to a local builder, and your project is going into his territory, you might have a starting point to begin working out the details on your budget.  As you get close to selecting a builder/supplier, be sure to talk to some of their recent references, and be candid about your budget concerns – how close was this person to the original budget proposed (barring change orders).  Talk to the banks that they worked with.  Check them out with the Better Business Bureau or the State’s Attorney Generals office.  This is most likely the biggest financial investment you’ll make in your life – take the time to make sure the people you involve are capable and trustworthy.

If you are at a Log Home Show, and you get a quote of “x” dollars per square foot – I’d take that information with a grain of salt, unless they are truly a local builder.  Quite of a few of the log home companies travel across the country to the log and timber home trade shows, and they just don’t have the local contacts to give out accurate building costs.  For example – If you were to attend a Denver, CO show, depending on where your were building in the state of Colorado, your square foot building costs could range from $150 a SF to $300 a SF and up, for the EXACT SAME LOG HOME PLAN!  To get accurate figures, your best bet would be to work with some of the local businesses and trades from your building area.

In order to get any accurate budget information, you’ll need to start with a good and detailed set of plans.  If you’ve already decided on a manufacturer, and you’d like to proceed with their designs, be sure to take a look at a set of their final construction documents.  Make sure everything is spelled out.  Get your builder’s opinion on them – can he build from them.  Any information that’s left out is time and money on the job spent figuring it out.

The best way to take charge of your budget is to come into things fully prepared.  If you use an independent design firm, like Gravitas, you are calling the shots from the beginning.  You can go through the design process – including and many or as few of the log and timber components you like.  I say this because, the log and timber frame companies are in the business of selling wood.  It’s only natural for them to try to include as many components into your log package as they can – sacrificing elements of your design and budget to pad their sales figures.  With an independent design firm, you get the elements you want, where you want them.  Some people want to see log and timber everywhere – others only want log walls, with drywall and plaster to break up the exposed woodwork. Either way, you get the design elements you want.  The biggest advantage is that when you shop around, you have the power.  The log home companies are all bidding on the same set of plans, and they know you’re out there shopping around.  It’s in their best interest to give you the best price possible in order to stay competitive.  An independent set of plans forces them to sit down and dissect your house in order to get accurate figures.  When the preliminary bids come in – you’ll have the ability to compare the apples to apples.  Only when you decide on a manufacturer, should you begin the Final Construction Document phase of your plans.  By waiting until you choose a manufacturer, the designer can then incorporate the specific details pertinent to their particular construction system (thru-bolt, lags, mechanical settling devices, etc) into your plans set, giving more than enough details for the builder to generate an accurate budget for your new log house.

Bottom line is, if you don’t have a detailed set of plans – specific to not only your building site, but to your tastes and budget, how can you expect to get anyone to give you any sense of how much things will cost.  A good set of plans may run several thousand dollars, and if they’re done right and they are thorough, they can end up saving you thousands in the end.  Like it or not, you’re paying the same $$ when a builder and his crew are standing around trying to “figure out” a detail as you are when they are hard at work, building your dream home.  Doesn’t it make sense to arm them with the best information and plans?

Hope this was helpful.  Let me know if you have any questions.

Happy stacking!

Paul