I'm a licensed architect in MA. A family member of mine is gutting their kitchen, and I volunteered to help them design it. I'm doing it for free, no contract. I'm enjoying it, and I'd rather not involve money and family.
Anyway, in MA you dont need to have an architect to do a kitchen renovation. The biggest thing the project has is the removal of a non-loadbearing wall, and you can do that on your own as a homeowner.
The project is all DIY, so theres no GC. There will however be an electrician and plumber. Both of these guys suggested that my family members dont pull a permit because its easier-- I told them no, do it right and pull a permit.
So they're pulling a permit, and (i guess the point of this post) theres a section on the form for them to list the architect. I dont want to be the architect, I just wanted to help them with space planning and finishes, not sign sign off on construction control affidavits. With no GC, I feel like 100% of the liability for the project would fall on me, and I'd rather avoid it.
Does anyone here know if, by drawing up plans and helping them out, I'm already responsible for everything? If I dont stamp the drawings, am I still responsible?
I read through the Massachusetts general law provisions for registered architects, but I didnt find it very clear. My interpretation of some of the language is that if I do anything related to architecture (even something a homeowner could do) I am acting as an architect, stamped drawings or no stamped drawings.
If that's the case then I'd rather just be the architect officially and avoid any problems from the get go. But if I can just draft up the drawings and have them deal with the building department, I'd rather do that.
Any advice? Anyone deal with a similar sort of situation?
thisisnotmyname
Jun 10, 20 12:48 am
Who do you think would possibly ever wish to sue you in this situation? If your family member loves you, I think you will be ok...
Maybe you have two potential exposures: a) errors and omissions that hurt your client (which I think you are safe from because your relative loves you and won't want to hurt you or b) some kind of practice infraction where you didn't stamp something the law says you should have. The only person I could ever see making a stink about possibility "b" is somebody building the work: maybe you piss them off somehow and they retaliate by turning you in to the state architects board. Perhaps you could address "b" by contacting your state board and make sure you act according to whatever their rules proscribe for this situation.
atelier nobody
Jun 10, 20 1:29 pm
I don't know MA law specifically, but in every state I am familiar with, your statement, "My interpretation of some of the language is that if I do anything related to architecture (even something a homeowner could do) I am acting as an architect, stamped drawings or no stamped drawings," would be correct - once you've got the license, the only way to escape liability is to continue working under the direction of another architect.
Another thing to consider is that you may be required to stamp any drawings you prepare, regardless of whether the work could have been done by an unlicensed person (again, I don't know MA law, but this would be the case in other states I am familiar with).
SneakyPete
Jun 10, 20 1:38 pm
As an academic exercise, what happens if you let your license lapse?
SneakyPete
Jun 10, 20 1:59 pm
Academic, indeed.
apscoradiales
Jun 12, 20 10:50 am
When it comes to filling out the Permit Application, when you come to the question who is the architect, just say N/A (not applicable) - you shouldn't have to get a "Building Permit".
But if you are messing around with plumbing or electrical - like adding receptacles, switches or moving existing, you probably will need Electrical and Plumbing Permits.
The town's Building Department will advise on that.
Bloopox
Jun 12, 20 1:38 pm
MA does not have the law that many other states have that says that an architect must stamp any drawings they submit, even if it's for a project that does not require an architect. Not stamping the drawings isn't going to protect the architect from liability. Yes, it's for a family member, but keep in mind that something like 40% of lawsuits on residential projects are from 3rd parties, including visitors, homeowner's insurance companies, future owners of the property, etc. MA says that the architect "may" do so, not "must" or "shall". What MA does have is a lot of individual towns in which virtually any change to a residence needs a permit - even for things as minor as adding a deck, shed, or dog house, or reconfiguring interior non-loadbearing walls. If the OP is unsure as to what permits are required for this project, then the OP should take that question directly to the AHJ.
apscoradiales
Jun 12, 20 1:34 pm
Yes, yes, architects are supposed to stamp their drawings and be in control of as well supervise all drawings that come out of his/her office as per all the Architects Associations/Organisations/Country Club Membership Bylaws.
Yeah, we know how that works, huh?
Who says Building Department needs to know who drew the drawings?
When you don't need an architect for such a small job (as in this case), what difference makes whether Jack down the street drew the plans or Sir Norman Foster.
As is in my place of residence, I as an architect cannot even do my own house - I have to hire another architect to do it for me.
F___k that!
Architects are sometimes their own worst enemy.
Bloopox
Jun 12, 20 1:43 pm
If it's something for which a permit is required in that town, if the permits aren't obtained then it can cause problems when the owner eventually tries to sell the house. The forms usually require the name of who completed the drawings. I'm familiar with MA towns with very "enthusiastic" AHJs who find opportunities to collect fees and fines by routinely perusing the real estate listings for statements like "many improvements", "recently renovated kitchen", etc. and holding up the transaction until somebody pays up.
apscoradiales
Jun 12, 20 2:02 pm
Permit is not required in this case, I understand.
But thanks for your info.
joseffischer
Jun 12, 20 2:05 pm
The question was, if I'm correct, how do I avoid liability? The answer is, plaster all your drawings with a "design intent concept only" type disclaimer along with your typical "not for construction"
Inform your family, in writing of the meaning of such and that your drawings should in no way be used for construction or be given to anyone outside the family, and (again in writing) that any drawings necessary to define scope between the owner and contractor or to define scope for the building department MUST be created by the contractor in question. Sure, no GC, but the plumber and electrician need to get out their own pencil and rough-sketch whatever they need to form an agreement with your family members.
Finally, and this one sounds extra tough, once construction starts, never help or advise. It's not your project, and you aren't involved.
I'm a licensed architect in MA. A family member of mine is gutting their kitchen, and I volunteered to help them design it. I'm doing it for free, no contract. I'm enjoying it, and I'd rather not involve money and family.
Anyway, in MA you dont need to have an architect to do a kitchen renovation. The biggest thing the project has is the removal of a non-loadbearing wall, and you can do that on your own as a homeowner.
The project is all DIY, so theres no GC. There will however be an electrician and plumber. Both of these guys suggested that my family members dont pull a permit because its easier-- I told them no, do it right and pull a permit.
So they're pulling a permit, and (i guess the point of this post) theres a section on the form for them to list the architect. I dont want to be the architect, I just wanted to help them with space planning and finishes, not sign sign off on construction control affidavits. With no GC, I feel like 100% of the liability for the project would fall on me, and I'd rather avoid it.
Does anyone here know if, by drawing up plans and helping them out, I'm already responsible for everything? If I dont stamp the drawings, am I still responsible?
I read through the Massachusetts general law provisions for registered architects, but I didnt find it very clear. My interpretation of some of the language is that if I do anything related to architecture (even something a homeowner could do) I am acting as an architect, stamped drawings or no stamped drawings.
If that's the case then I'd rather just be the architect officially and avoid any problems from the get go. But if I can just draft up the drawings and have them deal with the building department, I'd rather do that.
Any advice? Anyone deal with a similar sort of situation?
Who do you think would possibly ever wish to sue you in this situation? If your family member loves you, I think you will be ok...
Maybe you have two potential exposures: a) errors and omissions that hurt your client (which I think you are safe from because your relative loves you and won't want to hurt you or b) some kind of practice infraction where you didn't stamp something the law says you should have. The only person I could ever see making a stink about possibility "b" is somebody building the work: maybe you piss them off somehow and they retaliate by turning you in to the state architects board. Perhaps you could address "b" by contacting your state board and make sure you act according to whatever their rules proscribe for this situation.
I don't know MA law specifically, but in every state I am familiar with, your statement, "My interpretation of some of the language is that if I do anything related to architecture (even something a homeowner could do) I am acting as an architect, stamped drawings or no stamped drawings," would be correct - once you've got the license, the only way to escape liability is to continue working under the direction of another architect.
Another thing to consider is that you may be required to stamp any drawings you prepare, regardless of whether the work could have been done by an unlicensed person (again, I don't know MA law, but this would be the case in other states I am familiar with).
As an academic exercise, what happens if you let your license lapse?
Academic, indeed.
When it comes to filling out the Permit Application, when you come to the question who is the architect, just say N/A (not applicable) - you shouldn't have to get a "Building Permit".
But if you are messing around with plumbing or electrical - like adding receptacles, switches or moving existing, you probably will need Electrical and Plumbing Permits.
The town's Building Department will advise on that.
MA does not have the law that many other states have that says that an architect must stamp any drawings they submit, even if it's for a project that does not require an architect. Not stamping the drawings isn't going to protect the architect from liability. Yes, it's for a family member, but keep in mind that something like 40% of lawsuits on residential projects are from 3rd parties, including visitors, homeowner's insurance companies, future owners of the property, etc. MA says that the architect "may" do so, not "must" or "shall". What MA does have is a lot of individual towns in which virtually any change to a residence needs a permit - even for things as minor as adding a deck, shed, or dog house, or reconfiguring interior non-loadbearing walls. If the OP is unsure as to what permits are required for this project, then the OP should take that question directly to the AHJ.
Yes, yes, architects are supposed to stamp their drawings and be in control of as well supervise all drawings that come out of his/her office as per all the Architects Associations/Organisations/Country Club Membership Bylaws.
Yeah, we know how that works, huh?
Who says Building Department needs to know who drew the drawings?
When you don't need an architect for such a small job (as in this case), what difference makes whether Jack down the street drew the plans or Sir Norman Foster.
As is in my place of residence, I as an architect cannot even do my own house - I have to hire another architect to do it for me.
F___k that!
Architects are sometimes their own worst enemy.
If it's something for which a permit is required in that town, if the permits aren't obtained then it can cause problems when the owner eventually tries to sell the house. The forms usually require the name of who completed the drawings. I'm familiar with MA towns with very "enthusiastic" AHJs who find opportunities to collect fees and fines by routinely perusing the real estate listings for statements like "many improvements", "recently renovated kitchen", etc. and holding up the transaction until somebody pays up.
Permit is not required in this case, I understand.
But thanks for your info.
The question was, if I'm correct, how do I avoid liability? The answer is, plaster all your drawings with a "design intent concept only" type disclaimer along with your typical "not for construction"
Inform your family, in writing of the meaning of such and that your drawings should in no way be used for construction or be given to anyone outside the family, and (again in writing) that any drawings necessary to define scope between the owner and contractor or to define scope for the building department MUST be created by the contractor in question. Sure, no GC, but the plumber and electrician need to get out their own pencil and rough-sketch whatever they need to form an agreement with your family members.
Finally, and this one sounds extra tough, once construction starts, never help or advise. It's not your project, and you aren't involved.