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Architectural Design as freelance

modularnyc

Hello All,

I am an unliscenced architect, with over 10 years experience in the architecture/design field. I have been approached to design an apartment. My dilemma is: I am not liscenced and I am not an LLC or a corporation or any type of a registered bussines.

Has anybody done something like this, stricktly on freelance basis, just draft a simple contract, clearly stating that this is design services. I am probably going to hire a lisenced architect to compose the permit set and go about it that way.

Does anybody have a sample freelance contract, anything on the aia site that sort of gives direction as far as architects who are not lisenced and how they should go about doing work?

thanks for any info

 
Aug 30, 09 9:58 pm
dsc_arch

Developing concept plans is still practicing w/ out a license. better to partner up now or loose your fee in a future lawsuit.

Aug 31, 09 7:19 pm  · 
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ff33º

I might warn,,..that admitting being freelance on archinect is alot like being freelance on an offical AIA forum, if there was such a thing,... be prepared to get a lot of feedback by licensed people with little sympathy for freelance designers. Admittedly, I am in the same boat..I just don't talk about it anymore, because i am tired of ppl telling me to get licensed,..I am just not there, but like you I gotta eat.

Aug 31, 09 7:35 pm  · 
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ff33º

but uh yeah, emails and I'll send over the standard AIA contract, you us it as a template for your er uh Draftsperson contract

Aug 31, 09 7:40 pm  · 
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eigenvectors

You can legally write a binding contract if over 18. What your contract should say is what you will do and when you will do it and at each stage of things to do state you need a portion of the full payment. The other section should be exclusions of anything only a licensed professional can provide, see your state code.

I am not licensed yet nor do you really need to be if you make the contract out as the clients representative. If you are the clients rep you then within your project manament fee hire an architect for all things that only an architect can legally perform. Long story short this is the actual construction industry model for effiecient and cost effecrtive exection of a project.

Under no circumstance actually offer services an architect can perform.

You only get sued if you screw up and the clients don't like you. Beware of the recession, licesned professionals who are incapable of getting work on their own and performing it may try to shut you down...

Aug 31, 09 8:35 pm  · 
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eigenvectors

I just saw your screen name.. Nyc...um half of brooklyn was designed by unlicensed designers...there are expiditing firms that will stamp your dwgs.

Aug 31, 09 8:40 pm  · 
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modularnyc

I am not planning on doing permit drawings or doing anything thats required to have sealed drawings. If thats the case I will hire a friend who is a lisenced "architect", but cant put a building together or design if his life depended on it.

I think i can still offer design services though, and just hire a "lisenced architect" to seal the drawings.

Wasnt frank lloyd wright unlisenced? =)







Aug 31, 09 9:30 pm  · 
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xaia

not sure what expediting firms stamp drawings just for the heck of it, though i'm sure they're out there...probably related to "the soprano's".

if anyone decides to "buy" an architects stamp, he/she may charge significantly to cover any potential liability issues and request reasonable time to review drawings for compliance, which could eat up your entire design fee. and even then after such review, they may decide it's not worth it because it's such a shitty set of drawings.

if anything, be sure your lisenced architect knows how to atleast spell "licensed".

Aug 31, 09 10:41 pm  · 
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ff33º

see, here we go..

Aug 31, 09 10:53 pm  · 
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modularnyc

sorry I am an immigrant, and do misspell often, but I can still build and design a lot better then you probably....xaia

I have used lisenced architects before, there is nothing wrong with that. Alot of lisenced architecs are not good designers, so clients hire me to do the design, and I use them to get the permits.






Aug 31, 09 10:57 pm  · 
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ff33º

dude, you don't have to defend yourself to evry lil' comment on here.....I am sure you are great designer, and have plenty of success without having to set yourself up to explain to every person with "AIA"after their name, why you are where you are in your life in this thread. Good Luck in your endeavors.

Aug 31, 09 11:08 pm  · 
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xaia

mod...

did not mean to offend - you were seeking info and i wanted to share my thoughts (unfortunately there is no editing on archinect). if we all nodded and agreed all the time, why post any opinion at all?

i'm sure you're a talented designer, more power to you.

Aug 31, 09 11:40 pm  · 
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modularnyc

I know i get carried away sometimes....and whats wrong with the sopranos? At least you know whats coming from them....unlike other organized corporations I know





Aug 31, 09 11:43 pm  · 
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modularnyc

non taken xaia...just having a bit fun. thanks for all you input =)

Aug 31, 09 11:44 pm  · 
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eigenvectors

you'll need language in your contract as well that says the contract is only binding between you and the client and can not be construed to be between anyone else.

further language should be stated that all litigation will take place in arbitration outside civil court etc...i believe the AIA contracts have similar langauge


and finally, to cover your ass as you say you are an immigrant you need langauge that says that if any line in your contract is illegal it must therefore be excluded, etc...


you are not buying a stamp, you are hiring the architect on the clients behalf. the client came to you and doesn't know that your friend who is licensed couldn't build anything, therefore had they gone to your friend you still would of been hired as a consultant because they would find out that although your friend is licensed they can not do architecture.

there are plenty LEGIT expediting firms who have in house RA's and PE's and are involved in the actual building of building more than most architects and many of these firms have ex DOB employees who actually understand the ever changing codes of NYC.

there is a whole group of Architects who never get and practically know nothing about the construction industry, these are the same ones who will tell you all the BS that ff33 is warning you about.

hope that helps.

Sep 1, 09 8:36 am  · 
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ProjectNorth

What do you mean, "design an apartment"?

An apartment building? An interior remodel?

You should first check with your states board and then your local city to see if you are even required to be an architect or interior designer. In my state, you can do a 2-story apartment building with up to 32 units without being an architect.

Your state architectural act will also spell out what types of partnerships are legal, so look into that also. Your friend who just stamps the drawings is taking on multiple liabilities for your work when he/she does that. In my state, the work must be performed under the supervision of the architect sealing the drawings.

Also, don't refer to yourself as an unlicensed architect. That would imply that you are an architect, just not licensed. When in fact, you're not an architect if you're not licensed. (I'm not trying to be rude, just pointing this out. - I'm not an architect either).

Sep 1, 09 4:06 pm  · 
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modularnyc

It's an interior apartment renovation. Regardless, the architect doing the stamping, together with me, will check the drawings and make sure everything is per code. I am not merely buying somebodies stamp and doing work that non compliant with any local codes.


As far as this whole name thing about being an "architect", I have over 10 years experience doing this, so what am I?





Sep 1, 09 5:42 pm  · 
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ProjectNorth

Employee.
Intern.
Whippersnapper

Just can't use the word "architect"

Sep 1, 09 6:14 pm  · 
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brooklynboy

You could have the Architect sign an AIA contract with the Owner and then hire you as an interior designer.

Sep 1, 09 9:13 pm  · 
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ff33º

haha,

Man, every time I an the mood to read a bunch of didactic hot air bullshit from the windbags called "licensed" to the "unlicenesd", these freelance threads never fail ...

Sep 1, 09 10:56 pm  · 
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modularnyc

So I have decided to just shake the clients hand and promise that I will design a nice apartment for him, he shook my hand and promised that he will pay me.



Sep 2, 09 10:10 am  · 
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Appleseed

^ Let us know how that works out.

Sep 2, 09 3:25 pm  · 
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dsc_arch

Contracts are over rated.

I have a contractor / owner who never enters into a contract. he gets a bid, but signs nothing. Has worked for years.

Also, we just completed a $125k fee over a handshake.On the other hand, I have had $1,500 contracts go to lawyers because the client didn't get the idea of instruments of service.

I'll keep to napkins and handshakes.

Sep 2, 09 9:16 pm  · 
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