If I am an unlicensed design firm and want to do an architectural project in New York, what are the rules for how we have to set it up? Our client already has an AOR under contract who would consult for SD and DD, and then take over for CDs. Legally, would we need to be a subconsultant to the AOR, or can we be hired by the client directly? Thanks.
lower.case.yao
Oct 5, 20 1:47 pm
Someone correct me if i’m wrong but NY state stipulates that the “architect” in the typical B101 contract must be licensed, so owner-architect contracts must be with the AOR. You as the designer will sign either with the AOR or with the client as a design consultant. Never worked in NY though.
rr11101
Oct 5, 20 5:11 pm
hi LCY, thanks uch for the reply.
I thought that too, then someone else told me that NY is super strict and that sort of arrangement isn't permissible. So I'm confused and trying to figure out what the right answer is.
Bench
Oct 6, 20 8:09 am
What isn't permissible with this? If the unlicensed designer signs an agreement as a sub-consultant to the architect, that would be permissible?
rr11101
Oct 6, 20 9:27 am
Apparently if you're an unlicensed designer with a contract directly with a client, even doing anything concept-related counts as "architecture" and therefore is unpermissible. If you are a sub to the AOR then everything is filtered through them so it's okay.
I'm not certain if this very-strict approach is truly legally required in NY, which is why I'm trying to see if anyone knows better than I do.
Bench
Oct 6, 20 9:52 am
Yes this is what all the responses are saying. Pretty sure you cannot sign a primary contract when unlicensed.Sub only. Like others said, consult with a lawyer or the AOR's lawyer.
rr11101
Oct 6, 20 11:22 am
Thanks - seemed like the only other response (from lower.case.yao) was saying it's okay for an unlicensed designer to directly have a contract with the client as long as the AOR also has a contract directly with the client.
lower.case.yao
Oct 6, 20 11:56 am
Don't really know NY state laws though. Designers usually sign with the AOR, not the client, from my experience.
SneakyPete
Oct 5, 20 6:37 pm
Did you ask your lawyer?
rr11101
Oct 5, 20 9:21 pm
That would be the next step if I can't figure it out on my own!
Koww
Oct 8, 20 2:41 pm
why don’t you get a license like a real man?
Non Sequitur
Oct 8, 20 2:54 pm
what happened to Chris? Trying to evade the authorities I assume. They must be hawt on your trail after attempting to pillage a free Koolhass book.
If I am an unlicensed design firm and want to do an architectural project in New York, what are the rules for how we have to set it up? Our client already has an AOR under contract who would consult for SD and DD, and then take over for CDs. Legally, would we need to be a subconsultant to the AOR, or can we be hired by the client directly? Thanks.
Someone correct me if i’m wrong but NY state stipulates that the “architect” in the typical B101 contract must be licensed, so owner-architect contracts must be with the AOR. You as the designer will sign either with the AOR or with the client as a design consultant. Never worked in NY though.
hi LCY, thanks uch for the reply.
I thought that too, then someone else told me that NY is super strict and that sort of arrangement isn't permissible. So I'm confused and trying to figure out what the right answer is.
What isn't permissible with this? If the unlicensed designer signs an agreement as a sub-consultant to the architect, that would be permissible?
Apparently if you're an unlicensed designer with a contract directly with a client, even doing anything concept-related counts as "architecture" and therefore is unpermissible. If you are a sub to the AOR then everything is filtered through them so it's okay.
I'm not certain if this very-strict approach is truly legally required in NY, which is why I'm trying to see if anyone knows better than I do.
Yes this is what all the responses are saying. Pretty sure you cannot sign a primary contract when unlicensed.Sub only. Like others said, consult with a lawyer or the AOR's lawyer.
Thanks - seemed like the only other response (from lower.case.yao) was saying it's okay for an unlicensed designer to directly have a contract with the client as long as the AOR also has a contract directly with the client.
Don't really know NY state laws though. Designers usually sign with the AOR, not the client, from my experience.
Did you ask your lawyer?
That would be the next step if I can't figure it out on my own!
why don’t you get a license like a real man?
what happened to Chris? Trying to evade the authorities I assume. They must be hawt on your trail after attempting to pillage a free Koolhass book.