On your first question: it depends on the state. The sizes and types of projects that do/don't require a licensed architect or engineer's stamp vary by state, and also in some cases by municipality. In some states you could design 2 and 3 story commercial buildings, strip malls, and various other mid-sized commercial projects without a stamp. In others you're limited to small-ish residential projects.
The laws regarding partnering with an "architect of record" who provides a stamp also vary widely by state. In some the architect of record must be heavily involved in supervising the production of the drawings all through the project, while in others he can merely review the project after you produce a set, and stamp it without having been personally involved in its production.

As for formulating a contract: the AIA is not a regulatory authority, and can't sue you unless perhaps you're using their contracts without purchasing them (which is copyright infringement).
If you want to use an AIA contract you can purchase those forms for a few dollars each from your local AIA. If you want to use a simpler letter contract there are lots of templates out there - though you may want to run it past an attorney. Some states also have laws about what must be included in a contract and at what point in the project it must be signed by both parties.

Pre-licensure practice is no big deal as long as you have the contractor,engineer, or owner taking on the liability some how. I do all kinds of commercial and esidential projects, and the first thing i do put together the missing Team members...i.e. MEP ,Structural, etc....that way i am putting myself in the position of coorindator/designer.....

get a retainer fee first

thanks, i appreciate the replies.

bloopox, do you happen to know what the regulations for residential work are for california?

if you purchase an aia contract doc, can you use it even if you aren't aia?

also, what are typical % of billing per phase that people are typically breaking down?


thanks again.

look at section 5537 where it talks about the exempt structures.

the aia docs use the term architect and reference other documents that use that term - you'll end up on the last page of a CAB newsletter if you use it.

the architects practice act, while you don't need to comply with the requirement for a written contract, does list the basic minimum elements that should be in the contract, which is helpful nonetheless.

if you search previous threads you'll find the fee breakdowns (and other related 'first project' questions) have been dealt with pretty well.