Copyright Drawings

I'm not sure what you mean by special consideration. An architect owns the copyright to their drawings, and I would think that the contract between the architect and homeowner specifies that the homeowner has no right of use unless and until they pay for the work, and that their right is limited to a license to use the drawings, with the copyright being retained by the architect.

If the homeowner uses the drawings but fails to pay the architect, the architect would have a claim against the homeowner both for breach of contract and for copyright infringement.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

It is worth noting that "a [pictorial, graphic, or sculptural work] copyright does not protect against the construction of a building based on copyrighted architectural plans; it only prohibits copying of the plans themselves." http://williampatry.blogspot.com/2008/05/trump-trumps-architectural-infringement.html

So, if you're hoping to assert that the construction of the building is a copyright infringement of the plans you might not have the strongest position. If I understand your question, it sounds like more of a breach of contract issue than a copyright issue.

If someone constructs a building by using an "architectural work" -- such as blueprints -- without permission from the owner of the copyright in the work, that is an act of infringement. The following is a link to a court decision that very clearly explains the copyright protections and rights granted to architectural works: http://bit.ly/11tBia