I am a licensed architect in California and have a client that has a project in another state. The client has a set of plans from another architect that fail to meet their standards or building code. They requested I do a quick peer review, once I gave my feedback they asked if I could take over and product the construction drawings. I informed them that I can't stamp the plans because I don't have a license to practice architecture in that state, they would need a willing licensed architect in that state to be the architect of record.
All of my work has been in California using the AIA B101 contract, not ready sure how o handle this situation. What type of contract would I use for such work, because I will not be the architect of record. Can I team up with an registered architect in the state of the project as a joint venture.
See- this is where your savyness as a businessman should have come in... have you heard of reciprocity or hiring someone to provide you with the expertise in that state? That's like expecting Rem Koolhaus to know how to do complex waterproofing details...
You could either joint venture or subcontract to a licensed person in the other state to do the work. You would have to do due diligence to find a person or firm you can work well with and trust. The arrangement also will have to work for both of you financially and have liability properly distributed. Either way, it will not be the cheapest way to go for your client. Will you developer friend be willing to pay for two architects?
Or you could get a reciprocal license in the other state. That may or may not take a long time. It will also not be free. The other state may also scrutinize you to make sure you haven't entered their state and worked on the job prior to getting the license.
Miles' post above about checking with the previous architect is also good advice. A developer trick is to take drawings from architect to architect, get a 30-60 days work done on them, and then split without paying the bill.
Before you start tweaking on someone else's design, you should probably confirm who actually owns the drawings. Did the A/E retain ownership of the documents? Or, is everything owned by the developer?
If you're using drawings owned by the A/E, you're opening yourself to a lawsuit.
If you are not familiar with the term "Responsible Control", please explore it. State licensing boards don't look kindly upon professionals stamping others' work without satisfying the terms of Responsible Control over the work. Reviewing the set for code compliance is not enough in most (all) cases...
There is also the issue of copyright that the other architect has over the work. The developer may have commissioned the other architect and may have a copy of the current design, but without an explicit release by the other architect the developer may not have the right to transfer the copyright to you.
May 14, 19 12:07 am ·
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Working with a developer in another state
I am a licensed architect in California and have a client that has a project in another state. The client has a set of plans from another architect that fail to meet their standards or building code. They requested I do a quick peer review, once I gave my feedback they asked if I could take over and product the construction drawings. I informed them that I can't stamp the plans because I don't have a license to practice architecture in that state, they would need a willing licensed architect in that state to be the architect of record.
All of my work has been in California using the AIA B101 contract, not ready sure how o handle this situation. What type of contract would I use for such work, because I will not be the architect of record. Can I team up with an registered architect in the state of the project as a joint venture.
The first thing I would do is call the architect and get the other side of the story. Smells bad.
See- this is where your savyness as a businessman should have come in... have you heard of reciprocity or hiring someone to provide you with the expertise in that state? That's like expecting Rem Koolhaus to know how to do complex waterproofing details...
You could either joint venture or subcontract to a licensed person in the other state to do the work. You would have to do due diligence to find a person or firm you can work well with and trust. The arrangement also will have to work for both of you financially and have liability properly distributed. Either way, it will not be the cheapest way to go for your client. Will you developer friend be willing to pay for two architects?
Or you could get a reciprocal license in the other state. That may or may not take a long time. It will also not be free. The other state may also scrutinize you to make sure you haven't entered their state and worked on the job prior to getting the license.
Miles' post above about checking with the previous architect is also good advice. A developer trick is to take drawings from architect to architect, get a 30-60 days work done on them, and then split without paying the bill.
Before you start tweaking on someone else's design, you should probably confirm who actually owns the drawings. Did the A/E retain ownership of the documents? Or, is everything owned by the developer?
If you're using drawings owned by the A/E, you're opening yourself to a lawsuit.
If you are not familiar with the term "Responsible Control", please explore it. State licensing boards don't look kindly upon professionals stamping others' work without satisfying the terms of Responsible Control over the work. Reviewing the set for code compliance is not enough in most (all) cases...
There is also the issue of copyright that the other architect has over the work. The developer may have commissioned the other architect and may have a copy of the current design, but without an explicit release by the other architect the developer may not have the right to transfer the copyright to you.
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