There are firms in California that the owner is not an architect or a design professional but they hire architects to review and stamp drawings, and then advertise the firms are offering architecture services. Is this legal?
The professional act says that the architect must be in the management control for the firm that provides architecture services. What exactly means for architect in the management control of the a firm? Could the firm just hire someone to review and stamp drawings and advertise the firm to provide architecture service or act as AOR ?
They are currently reviewing new legislation to require architects to publish their license number along with any marketing or publishing or advertising, sim to what’s reqd for GCs
I’m torn on it, but get how it may squeeze out some of the businesses offering bad faith services
I recently came across a design-build firm in Connecticut that I was curious about. The owner lists himself as "lead architectural designer" but has an undergrad business degree and an MBA. No architecture degree. No license. They have one employee with an architecture degree. I looked up all the employees on CT License lookup and none of them are licensed. Seems off to me. Especially when they advertise as "One entity delivering both architectural design and building services under one contract- from project initiation to completion. The homeowner is no longer the liaison between the architect and contractor."
It is pretty work. That tagline at the end though, "The homeowner is no longer the liaison between the architect and contractor" seems like it betrays a basic misunderstanding of how SFR architects operate. In every practice I've been a part of, we have a well-established relationship with the contractor long before construction begins, and even if we haven't worked with them in the past, part of our agreement with the Owner is to essentially act as the liaison for the Owner to the GC during construction, not the other way round. It's annoying when people who aren't trained architects try to pass off their services, even if their work does look good.
What it happened to myself is that the people/ principal in the management roles are not architects, except a person listed on the website seeming to be one of the principal but never showed up. This architect only receives pdf drawings and provides stamps through email communication. The worst thing is, one of the non architect principal attempted to redline my drawings (i am a licensed architect in California), but I refused to accept the his comment. But the troubles come to me afterwards...
The firm is owned by husband and wife, both are non architect. and all the others are employees. Basically there are two architects, one is myself, they hired me 3 mon ago as so called project architect (but sometime they call you project manager, but I was also assigned to produce CD package, even did the survey work!). During this period of time I never met the other architect who does the reviewing and sometimes gave general comments. This architect never showed up in any meetings either internal staff weekly meeting or meetings with the clients, so it is reasonable to assume this person is just providing the stamp and reviewing the drawing only, I don't see this level of involvement in the company's affair matches the requirement that the architect has to be in the management control. But the problem is the firm advertise themselves in the business web site and the service agreement that they provide architectural services.
I know there must be some other designer's firm doing their business in in fashion, I probably wouldn't necessarily interfere with them unless I could work for the projects and earn the salaries. But the situation changed when the other non architect "director" insisted to adjust drawing based on his comments on a CD set that had been already approved by the AOR through the email. I definitely rejected such nonprofessional command from this non architect director. But one month after this incidents happened the employer told me they terminated my employment. I think I probably need to seek indemnity for the possible damages on my professional reputation if their conduct is unlawful and if there is a government agency out there to reinforce the law.
Feb 13, 22 8:42 pm ·
·
,,,,
What a cluster****. You probably were going to have to resign if they hadn't terminated you.
You need to report what you observed happening to the CAB and they will investigate the matter. You will probably have to provide a written statement and/or be interviewed by a CAB investigator. If CAB finds evidence of wrongdoing, they will take disciplinary action against the persons who are practicing improperly.
@reallynotmyname, thanks for the suggestions. I have kept copies of some key emails, they might be useful for the investigation. In case the wrongdoing can be proved, before I initiate the report to CAB I want to know who will be disciplined, that non architect director or the firm? and how could I get indemnity is also one of my concerns.
Feb 14, 22 11:39 am ·
·
SneakyPete
Are you trying to do the right thing or get revenge?
@SneakyPete. Definitely want to make the things right, I think this is the most important for our profession, in the mean time I also want to seek the recovery for any damages occurred. It is nothing to do with revenge, the true intend is to protect this rigorously regulated design profession from the encroachment by the non professionals.
Feb 14, 22 12:15 pm ·
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SneakyPete
The thing is that if you, as a licensed professional, participated in this, you might end up sharing a bite of the shit sandwich. That's how it works.
Could you pls clarify a bit about shit sandwich? Would you mind if I ask what is your background ?
Feb 14, 22 12:24 pm ·
·
SneakyPete
You have professional responsibilities that come with licensure. They include being aware of and reporting behavior that violates that professional responsibility. If you knew about this unethical behavior and participated in or ignored it, then you're ethically and professionally culpable.
If you have read all the descriptions about the my experiences above, I obviously performed in professional manner and rejected the non professional conducts of that company. Just an new employee of that company I was definitely not a part of the conspiracy, and all I am intending to do is to expose the misconduct of the company and have the responsible people been held accountable.
Feb 14, 22 1:06 pm ·
·
SneakyPete
I am not in a position to judge you, nor am I trying to. I am simply pointing out that you may end up with some consequences based on what circumstances eventually come to light. If you're doing the right thing, then that's OK.
Feb 14, 22 1:11 pm ·
·
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Firm owned by non architect but advertising to offer architecture services
Hi,
There are firms in California that the owner is not an architect or a design professional but they hire architects to review and stamp drawings, and then advertise the firms are offering architecture services. Is this legal?
The professional act says that the architect must be in the management control for the firm that provides architecture services. What exactly means for architect in the management control of the a firm? Could the firm just hire someone to review and stamp drawings and advertise the firm to provide architecture service or act as AOR ?
CAB says no, not legal
They are currently reviewing new legislation to require architects to publish their license number along with any marketing or publishing or advertising, sim to what’s reqd for GCs
I’m torn on it, but get how it may squeeze out some of the businesses offering bad faith services
I recently came across a design-build firm in Connecticut that I was curious about. The owner lists himself as "lead architectural designer" but has an undergrad business degree and an MBA. No architecture degree. No license. They have one employee with an architecture degree. I looked up all the employees on CT License lookup and none of them are licensed. Seems off to me. Especially when they advertise as "One entity delivering both architectural design and building services under one contract- from project initiation to completion. The homeowner is no longer the liaison between the architect and contractor."
Nice work though.
https://shermanbuildingdesign....
It is pretty work. That tagline at the end though, "The homeowner is no longer the liaison between the architect and contractor" seems like it betrays a basic misunderstanding of how SFR architects operate. In every practice I've been a part of, we have a well-established relationship with the contractor long before construction begins, and even if we haven't worked with them in the past, part of our agreement with the Owner is to essentially act as the liaison for the Owner to the GC during construction, not the other way round. It's annoying when people who aren't trained architects try to pass off their services, even if their work does look good.
What it happened to myself is that the people/ principal in the management roles are not architects, except a person listed on the website seeming to be one of the principal but never showed up. This architect only receives pdf drawings and provides stamps through email communication. The worst thing is, one of the non architect principal attempted to redline my drawings (i am a licensed architect in California), but I refused to accept the his comment. But the troubles come to me afterwards...
If their non professional conduct is not legal, who will reinforce the law? Do you think CAB will reinforce it?
you can always email them a short notice of your concerns and ask them to investigate. that is their job.
What is your role?
Who is the AOR?
What is the occupancy type?
Are you an employee?
The firm is owned by husband and wife, both are non architect. and all the others are employees. Basically there are two architects, one is myself, they hired me 3 mon ago as so called project architect (but sometime they call you project manager, but I was also assigned to produce CD package, even did the survey work!). During this period of time I never met the other architect who does the reviewing and sometimes gave general comments. This architect never showed up in any meetings either internal staff weekly meeting or meetings with the clients, so it is reasonable to assume this person is just providing the stamp and reviewing the drawing only, I don't see this level of involvement in the company's affair matches the requirement that the architect has to be in the management control. But the problem is the firm advertise themselves in the business web site and the service agreement that they provide architectural services.
I know there must be some other designer's firm doing their business in in fashion, I probably wouldn't necessarily interfere with them unless I could work for the projects and earn the salaries. But the situation changed when the other non architect "director" insisted to adjust drawing based on his comments on a CD set that had been already approved by the AOR through the email. I definitely rejected such nonprofessional command from this non architect director. But one month after this incidents happened the employer told me they terminated my employment. I think I probably need to seek indemnity for the possible damages on my professional reputation if their conduct is unlawful and if there is a government agency out there to reinforce the law.
What a cluster****. You probably were going to have to resign if they hadn't terminated you.
Any suggestions? Any information on this kind of legal matter will be helpful for me. Thx.
I would consult an attorney.
You need to report what you observed happening to the CAB and they will investigate the matter. You will probably have to provide a written statement and/or be interviewed by a CAB investigator. If CAB finds evidence of wrongdoing, they will take disciplinary action against the persons who are practicing improperly.
@reallynotmyname, thanks for the suggestions. I have kept copies of some key emails, they might be useful for the investigation. In case the wrongdoing can be proved, before I initiate the report to CAB I want to know who will be disciplined, that non architect director or the firm? and how could I get indemnity is also one of my concerns.
Are you trying to do the right thing or get revenge?
@SneakyPete. Definitely want to make the things right, I think this is the most important for our profession, in the mean time I also want to seek the recovery for any damages occurred. It is nothing to do with revenge, the true intend is to protect this rigorously regulated design profession from the encroachment by the non professionals.
The thing is that if you, as a licensed professional, participated in this, you might end up sharing a bite of the shit sandwich. That's how it works.
Could you pls clarify a bit about shit sandwich? Would you mind if I ask what is your background ?
You have professional responsibilities that come with licensure. They include being aware of and reporting behavior that violates that professional responsibility. If you knew about this unethical behavior and participated in or ignored it, then you're ethically and professionally culpable.
I'm an architect. Not a lawyer.
If you have read all the descriptions about the my experiences above, I obviously performed in professional manner and rejected the non professional conducts of that company. Just an new employee of that company I was definitely not a part of the conspiracy, and all I am intending to do is to expose the misconduct of the company and have the responsible people been held accountable.
I am not in a position to judge you, nor am I trying to. I am simply pointing out that you may end up with some consequences based on what circumstances eventually come to light. If you're doing the right thing, then that's OK.
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