Just as the title states. We were hit by a tornado, here in Georgia last year. 100’s of homes were damaged/destroyed and contractors etc were thin. A family friend of near 20 years who was best man at my sisters wedding presented himself ( and had been for sometime prior) as an architect and project manager who was available. Given the dire straights and family affiliation my mother did not do her due diligence, she was thankful that he was willing to take the time to help. He was just moving to Atlanta. He showed her high end buildings that he told her he designed, in West Palm Beach Florida and in Seattle Washington. 1/4 of the way into the project he still had not provided her with anything more than floor plans and from the quality of the work it was clear he did not know what he was doing. He abandoned her project, after creating an immense amount of trouble, and none of his work would pass code inspection. This prompted us to investigate his back ground, at which point we found that he had never been licensed in either of the states he stated he had previously practiced in, and was not licensed in our state as well. We’ve contacted the Secretary of States office here, as well as the GBI, and local Fraud detectives, but it is slow going. Meanwhile we know through other contractors that he is still bidding more projects locally and is still trying to create problems for us with the local code board to slow our progress against him. Any thoughts or recommendations? Other than do your due diligence next time please.
Other than reporting it, nothing much you can do. It is not worth it to sue for civil matter in my opinion unless a lot of money was involved to make it worth while. But I seriously doubt it did.
Something unrelated. Is the building super high end custom? A typical single family residential should be fairly straight forward to design and construct. I don't think an architect is necessary. I would spend the money on the construction with a reputable contractor. A professional contractor team should have someone able to draw plans for permitting and assist with picking finishes.
Yes, but your idea lowers the bar for "architecture" and small straightforward SFDs can be designed with architectural merit. We should support our own existence and add value to our profession and skills.
Yup. In most states unless the single family home is over 3,800 sf you don't need an architect to design the structure. Anyone can do it. It may not be well done though . . .
Square footage is not always required and even if such sq.ft. is outlined in a state law, it varies. There is often, no actual standard on that. Single family dwellings are often exempt. Many states, they may have a 1-3 story height rule and sometimes there is a square footage rule. Some states, there is no size rule such as Oregon and Washington as it pertains to single family dwellings. There are cases where certain drawings may require an engineer's stamp as indicated in the building codes as amended and adopted by the authority having jurisdiction.
For the OP the state board is the state board of regulatory agencies (or some other similar name). They will be in charge of keep track of everyone who needs a professional license to do _____.
Q1: Did the unlicensed person been referring to himself or representing himself as a "Architect" using the title "Architect"?
A: If Yes, you can contact the architectural licensing board for the state of Georgia and file a complaint / claim that the person used the title architect without a license.
If No, there is no jurisdiction by the licensing board over the practice of residential design that is exempt from the requirement of being designed by a licensed architect.
Now having said that, the local municipal or local district courts of limited county wide jurisdiction , and the tiers of state courts of general jurisdiction, court of appeals, and state Supreme Court has jurisdiction. You should know your state's court system but should consult an attorney. The courts has legal jurisdiction on the matters and applicable laws and case laws to address issues relating to said persons. Many standards relating to negligence may apply similar standard of care as applicable to licensed architects even on a person who is not licensed as an architect conducting business and practice of building/residential design as a professional service. There are certain standards you should expect from a professional even as an unlicensed building design professional. Additionally, you have a responsibility of delivering the services they contractually agreed to. You can not just agree to perform a service for a client and not do it. That would be blatant breach of contract. Speaking the obvious, there.
Step 1: Review the contract that was prepared. Advice: ALWAYS have the contract in writing for residential building design services. While the law may not say that, it's my professional advice of prudence as a building designer, myself. I highly suggest you consult an attorney.
Step 2: Follow the legal advice of an attorney that has experience with contract laws. This designer most likely will not need a construction contractor license of some type. I'm not personally familiar with Georgia's requirements regarding contractor licensing. A contractor license is usually only required to provide construction services and merely designing would not fall into that category. If there are no written contracts then things really do get much more difficult because if it is not recorded, it's hearsay and both sides will have difficulty proving the terms of any agreement. NOTE: Emails can be inferred upon and may be the basis and essence of contractual requirements a court may uphold. Without a written contract or written record or a recording of it, you could very possibly have to pay any amount beyond whatever was actually paid because its hearsay, and in those cases, you should let the lawyer speak and keep quiet because what you say in and out of court can be inferred upon in a case that indicated to a judge or jury that there was an established agreement. Now, listen to your lawyer. Review emails, voice mails, text messages on phones, and so forth. Review with the attorney and follow the advice provided on the steps including whether or not to sue. I am NOT an attorney.
I apologize for the lengthy response. There were some issues that need some more depth in the advice given but it is not as deeply outlined as it could be but then there are things I wanted to point out about reviewing the contractual agreement if in writing or a recording of it as well as emphasize that contracts for this kind of services should be in writing. I also make note that an attorney should be consults as others have likewise emphasized and follow that attorney's advice. Consulting an attorney familiar with contract laws and related matters is important for this kind of case as indicated in the original post.
Nov 14, 22 4:25 pm ·
·
JonathanLivingston
How many times have you been turned in, or attempted to turn in others? Not an attorney but an authority on phoneys?
Perhaps you are. There is that saying about you gotta be one to know one. Most of the time, you have to have done something for someone to turn you end. Now, in the one case where someone filed a complaint to the licensing board, it was with both Oregon and Washington because I was located and practice residential and light commercial building design in both states and Angie's List had an auto-generated landing page listing of my business as an "Architect" when the category my business was listed in the site was categorized with a longer category title "Architects and building designers" but the landing page shorten the category title which I did not have direct control over or awareness of the landing page and how it categorized my business but other description details from my actual Angie's List listing had enough detail and information and disclosure that I was not offering architectural services in Oregon or Washington or representing myself as a Registered/Licensed Architect in either Oregon or Washington, but was representing myself as a building designer that any person who actually reads would have saw that. Washington had administratively closed the case without any disciplinary action. Oregon did also closed the case without any disciplinary action including that I took steps to address the matter with Angie's List. The person or persons (1 or 2) that filed the complaint in those two states at the same time, assuming they had a butt hurt with me. So it was more my actions or behavior on a web forum that probably triggered that than anything else. As for my filing complaints, not a whole lot of them and not for awhile. One architect that I filed a complaint in Washington was one who had a website that appeared to have been active in a manner that representing he was licensed while his license was expired for more than a year from what I recall. That was more than 10 years ago... nearly 12 years to be exact. The other party I filed a complaint about was that 5-cent. architecture guy. Generally speaking, I haven't filed complaints with licensing boards in the U.S. in the past decade. Only one complaint to a board outside the U.S. in 2015. It was to make a point to a person that represents themselves as an Architect is a serious matter especially where the title is regulated. It served the purpose to bring the person into compliance or at the very least to not do so in such an open and visible manner. I even informed that board, then, when the person did make correction to his/her website. If the person stayed compliant then great. It means the person may be watched and monitored by the board there, for awhile. I am not suggesting the OP to file a complaint with the board. Informing them of the board info is not suggesting. If there is a case where the unlicensed designer used the architect title, then the OP could file a complaint on the title. Other issues are issues that would have to be addressed in court (civil lawsuit for example).
TLDR.... well... FYI, I am okay with clients filing complaints or lawsuit if the designer represents himself as an architect without a license and/or not fulfilling contractual obligations. Accountability, I do support. Frivolous lawsuits, I don't. I recommend in legal matters to consult an attorney and do accordingly.
I'm not advising the person to pursue any particular legal action. Seeking out information and consultation with an attorney with regards to particular matters, options, and direction to go regarding the matters. If the unlicensed person in the case, was representing himself as an architect using the architect title and represented the services offered as architectural services or architectural design services, the OP could file a complaint with Georgia. The laws are currently written the way they are. Just because you don't agree with the law doesn't mean you can disobey the laws. You would need to seek legislative changes to the laws. If you don't believe the architect title should be regulated, then you have to follow the laws as they are until they are changed. You can take steps to politically push for it to be deregulated with the legislators but it will have push back by those that do support regulating the title. There is no guarantee you get your way.
In my experience here in California, if the Board even gets around to the complaint at all, they'll do nothing more than send a cease and desist letter and, when the miscreant responds that they're so sorry and of course they'll get new business cards printed without the word "architect", that'll be the end of it.
You want to report him to the state board - google your state name and "architect license verification" or something similar. You can report him to the local AIA office; they don't have any authority to *do* anything, but it's good to get his name out.
The issue may be that the state board can only suggest that the state attorney general pursue a license claim - and most AG's have bigger fish to fry.
The licensing board can address issues relating to unlawful use of architect title and practice of architect without a license. Disputes of fraud or breach of contract would have to be addressed in court. This is where consulting an attorney experienced in contractual issues and related issues is advisable before filing anything.
How do I get the state to pursue a unlicensed “architect” who has never been licensed.
Just as the title states. We were hit by a tornado, here in Georgia last year. 100’s of homes were damaged/destroyed and contractors etc were thin. A family friend of near 20 years who was best man at my sisters wedding presented himself ( and had been for sometime prior) as an architect and project manager who was available. Given the dire straights and family affiliation my mother did not do her due diligence, she was thankful that he was willing to take the time to help. He was just moving to Atlanta. He showed her high end buildings that he told her he designed, in West Palm Beach Florida and in Seattle Washington. 1/4 of the way into the project he still had not provided her with anything more than floor plans and from the quality of the work it was clear he did not know what he was doing. He abandoned her project, after creating an immense amount of trouble, and none of his work would pass code inspection. This prompted us to investigate his back ground, at which point we found that he had never been licensed in either of the states he stated he had previously practiced in, and was not licensed in our state as well. We’ve contacted the Secretary of States office here, as well as the GBI, and local Fraud detectives, but it is slow going. Meanwhile we know through other contractors that he is still bidding more projects locally and is still trying to create problems for us with the local code board to slow our progress against him. Any thoughts or recommendations? Other than do your due diligence next time please.
I'd call ghostbusters.
Hire a lawyer.
Other than reporting it, nothing much you can do. It is not worth it to sue for civil matter in my opinion unless a lot of money was involved to make it worth while. But I seriously doubt it did.
Something unrelated. Is the building super high end custom? A typical single family residential should be fairly straight forward to design and construct. I don't think an architect is necessary. I would spend the money on the construction with a reputable contractor. A professional contractor team should have someone able to draw plans for permitting and assist with picking finishes.
Yes, but your idea lowers the bar for "architecture" and small straightforward SFDs can be designed with architectural merit. We should support our own existence and add value to our profession and skills.
Yup. In most states unless the single family home is over 3,800 sf you don't need an architect to design the structure. Anyone can do it. It may not be well done though . . .
Square footage is not always required and even if such sq.ft. is outlined in a state law, it varies. There is often, no actual standard on that. Single family dwellings are often exempt. Many states, they may have a 1-3 story height rule and sometimes there is a square footage rule. Some states, there is no size rule such as Oregon and Washington as it pertains to single family dwellings. There are cases where certain drawings may require an engineer's stamp as indicated in the building codes as amended and adopted by the authority having jurisdiction.
Contact the state board, they will sanction and level a substantial fine.
For the OP the state board is the state board of regulatory agencies (or some other similar name). They will be in charge of keep track of everyone who needs a professional license to do _____.
Q1: Did the unlicensed person been referring to himself or representing himself as a "Architect" using the title "Architect"?
A: If Yes, you can contact the architectural licensing board for the state of Georgia and file a complaint / claim that the person used the title architect without a license.
(Link: https://sos.ga.gov/board-archi... )
If No, there is no jurisdiction by the licensing board over the practice of residential design that is exempt from the requirement of being designed by a licensed architect.
Now having said that, the local municipal or local district courts of limited county wide jurisdiction , and the tiers of state courts of general jurisdiction, court of appeals, and state Supreme Court has jurisdiction. You should know your state's court system but should consult an attorney. The courts has legal jurisdiction on the matters and applicable laws and case laws to address issues relating to said persons. Many standards relating to negligence may apply similar standard of care as applicable to licensed architects even on a person who is not licensed as an architect conducting business and practice of building/residential design as a professional service. There are certain standards you should expect from a professional even as an unlicensed building design professional. Additionally, you have a responsibility of delivering the services they contractually agreed to. You can not just agree to perform a service for a client and not do it. That would be blatant breach of contract. Speaking the obvious, there.
Step 1: Review the contract that was prepared. Advice: ALWAYS have the contract in writing for residential building design services. While the law may not say that, it's my professional advice of prudence as a building designer, myself. I highly suggest you consult an attorney.
Step 2: Follow the legal advice of an attorney that has experience with contract laws. This designer most likely will not need a construction contractor license of some type. I'm not personally familiar with Georgia's requirements regarding contractor licensing. A contractor license is usually only required to provide construction services and merely designing would not fall into that category. If there are no written contracts then things really do get much more difficult because if it is not recorded, it's hearsay and both sides will have difficulty proving the terms of any agreement. NOTE: Emails can be inferred upon and may be the basis and essence of contractual requirements a court may uphold. Without a written contract or written record or a recording of it, you could very possibly have to pay any amount beyond whatever was actually paid because its hearsay, and in those cases, you should let the lawyer speak and keep quiet because what you say in and out of court can be inferred upon in a case that indicated to a judge or jury that there was an established agreement. Now, listen to your lawyer. Review emails, voice mails, text messages on phones, and so forth. Review with the attorney and follow the advice provided on the steps including whether or not to sue. I am NOT an attorney.
I apologize for the lengthy response. There were some issues that need some more depth in the advice given but it is not as deeply outlined as it could be but then there are things I wanted to point out about reviewing the contractual agreement if in writing or a recording of it as well as emphasize that contracts for this kind of services should be in writing. I also make note that an attorney should be consults as others have likewise emphasized and follow that attorney's advice. Consulting an attorney familiar with contract laws and related matters is important for this kind of case as indicated in the original post.
How many times have you been turned in, or attempted to turn in others? Not an attorney but an authority on phoneys?
Perhaps you are. There is that saying about you gotta be one to know one. Most of the time, you have to have done something for someone to turn you end. Now, in the one case where someone filed a complaint to the licensing board, it was with both Oregon and Washington because I was located and practice residential and light commercial building design in both states and Angie's List had an auto-generated landing page listing of my business as an "Architect" when the category my business was listed in the site was categorized with a longer category title "Architects and building designers" but the landing page shorten the category title which I did not have direct control over or awareness of the landing page and how it categorized my business but other description details from my actual Angie's List listing had enough detail and information and disclosure that I was not offering architectural services in Oregon or Washington or representing myself as a Registered/Licensed Architect in either Oregon or Washington, but was representing myself as a building designer that any person who actually reads would have saw that. Washington had administratively closed the case without any disciplinary action. Oregon did also closed the case without any disciplinary action including that I took steps to address the matter with Angie's List. The person or persons (1 or 2) that filed the complaint in those two states at the same time, assuming they had a butt hurt with me. So it was more my actions or behavior on a web forum that probably triggered that than anything else. As for my filing complaints, not a whole lot of them and not for awhile. One architect that I filed a complaint in Washington was one who had a website that appeared to have been active in a manner that representing he was licensed while his license was expired for more than a year from what I recall. That was more than 10 years ago... nearly 12 years to be exact. The other party I filed a complaint about was that 5-cent. architecture guy. Generally speaking, I haven't filed complaints with licensing boards in the U.S. in the past decade. Only one complaint to a board outside the U.S. in 2015. It was to make a point to a person that represents themselves as an Architect is a serious matter especially where the title is regulated. It served the purpose to bring the person into compliance or at the very least to not do so in such an open and visible manner. I even informed that board, then, when the person did make correction to his/her website. If the person stayed compliant then great. It means the person may be watched and monitored by the board there, for awhile. I am not suggesting the OP to file a complaint with the board. Informing them of the board info is not suggesting. If there is a case where the unlicensed designer used the architect title, then the OP could file a complaint on the title. Other issues are issues that would have to be addressed in court (civil lawsuit for example).
TLDR.... well... FYI, I am okay with clients filing complaints or lawsuit if the designer represents himself as an architect without a license and/or not fulfilling contractual obligations. Accountability, I do support. Frivolous lawsuits, I don't. I recommend in legal matters to consult an attorney and do accordingly.
Priceless
I'm not advising the person to pursue any particular legal action. Seeking out information and consultation with an attorney with regards to particular matters, options, and direction to go regarding the matters. If the unlicensed person in the case, was representing himself as an architect using the architect title and represented the services offered as architectural services or architectural design services, the OP could file a complaint with Georgia. The laws are currently written the way they are. Just because you don't agree with the law doesn't mean you can disobey the laws. You would need to seek legislative changes to the laws. If you don't believe the architect title should be regulated, then you have to follow the laws as they are until they are changed. You can take steps to politically push for it to be deregulated with the legislators but it will have push back by those that do support regulating the title. There is no guarantee you get your way.
In my experience here in California, if the Board even gets around to the complaint at all, they'll do nothing more than send a cease and desist letter and, when the miscreant responds that they're so sorry and of course they'll get new business cards printed without the word "architect", that'll be the end of it.
The case is in Georgia. What you say may be plausible to be true with Georgia but it is a different state.
You want to report him to the state board - google your state name and "architect license verification" or something similar. You can report him to the local AIA office; they don't have any authority to *do* anything, but it's good to get his name out.
The issue may be that the state board can only suggest that the state attorney general pursue a license claim - and most AG's have bigger fish to fry.
I provided a direct link to the board of the state that the person indicated in the original post.
The licensing board can address issues relating to unlawful use of architect title and practice of architect without a license. Disputes of fraud or breach of contract would have to be addressed in court. This is where consulting an attorney experienced in contractual issues and related issues is advisable before filing anything.
https://sos.ga.gov/board-architects-interior-designers
Jasonleslie,
For many of the issues, seek an attorney experienced with contractual, negligence, & fraud cases.
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