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Open competitions and licensure?

x-jla

I've noticed that many states require registration in that jurisdiction before doing an architecture competition. Is this true?  If so, does this apply to open competitions and is it ever truly enforced?  

 
Aug 23, 16 7:20 pm
Bloopox

Yes it's true in some states, and yes it's enforced in some states. There are some other states that allow an architect licensed in another state to compete in a competition with the understanding that they'll have to obtain reciprocity if they win, before a contract can be awarded.  There are also some states in which an NCARB-certified person who isn't licensed in the state may enter a competition but a person licensed in another state but not certified cannot.  Before you enter a competition in a state in which you're not licensed, you should check that particular state's rules.

Aug 23, 16 7:25 pm  · 
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shellarchitect

If not enforced at the point is entry, the rules will certainly be enforced when a winner is selected

Aug 23, 16 8:59 pm  · 
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x-jla

wow, yeah that's really stupid.  America land of the free...lol 

Aug 24, 16 3:57 am  · 
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x-jla

http://harvardlawreview.org/2015/03/occupational-speech-and-the-first-amendment/

that law is apparently unconstitutional.

Aug 24, 16 4:40 am  · 
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x-jla

Interesting read...

Aug 24, 16 4:48 am  · 
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Bloopox

That's not really the same situation.  The states that require a license in order to participate in an architecture competition do so because architecture competitions are presumed to be a mechanism for selecting architects - and those architects are expected to provide architectural services - which generally consist of more than speech.  Many states do not allow one to solicit work in the state without a license - or limit that privilege to NCARB-certified architects - so because competitions are one way of soliciting architects and awarding contracts they restrict those as well.

If a competition is purely speculative, seeking only schematic-level ideas and exhibits, and not expected to lead to an actual contract for architectural services, then it is usually possible to skirt these rules by advertising it as a call for "artists" or "designers".  I've never heard of any state's architecture board getting their panties in a twist over that.  If the sponsor then wishes to continue to develop the winning idea into an actual project, and continue to involve the winning artist or designer or architect-licensed-elsewhere-but-not-in-the-jurisdiction, then the sponsor can involve a local architect of record, and treat the unlicensed winner as a design consultant.  More often the sponsors just take the best ideas and pass them along as "inspiration" by the architect that they hire when/if they decide to pursue the project further - which is why many professionals feel that most competitions are exploitive and don't enter open, uncompensated competitions that are not explicitly anticipated to result in award of a contract for architectural services.

Aug 24, 16 3:06 pm  · 
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sameolddoctor

In some states, they need you to be registered to poop

Aug 24, 16 5:11 pm  · 
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x-jla

Bloopox, that makes more sense. 

Aug 24, 16 5:33 pm  · 
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