Small Project Design

I'd like to hear opinions about the ethics of the following situation.

Architect "A" is a partner at "Architectural Firm 1" with Architect "B".  "Architectural Firm 1" designs a house that is constructed in 2006.  Architects "A", "B", and  Architect "C", not a partner, all worked closely on the design.  Architect "C" is the project architect responsible for the construction documents.  Architects "A", "B" and "C"  are all responsible for construction observation.

In 2008 Architect "A" leaves "Architectural Firm 1" and starts "Architectural Firm 2". 

Just wondering what the forums opinion of Architect "A's" submission of that project created while at "Architectural Firm 1" claiming sole authorship by "Architectural Firm 2" for a competition entry in 2013.

Thanks for your help!

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Steven Hackbarth AIA
Architect
Clinton Corners NY
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As a past AIA National Secretary I suggest that this be submitted to AIA as an ethics complaint if the offending party is an AIA member. This is not an uncommon problem. Good luck! JIm Anstis

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James Anstis FAIA
Retired
West Palm Beach FL
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This scenario occurred at a firm where I used to work. The result was that Firm 1 sued Firm 2 and won.

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Sean Catherall AIA
Architect
Herriman UT
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The AIA Code of Ethics has a rule that actually covers this issue:

Rule 4.201 Members shall not make misleading, deceptive or false statements or claims about their professional qualifications, experience, or performance and shall accurately state the scope and nature of their responsibilities in connection with work for which they are claiming credit.

Commentary: This rule is meant to prevent Members from claiming or implying credit for work which they did not do, misleading others, and denying other participants in a project their proper share of credit.

If Architect A is an AIA member I would point out to them their need to correct this misinformation and, if no response, you have an ethical duty to report this violation.

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Alice Schuler AIA
architect
Kuklinski+Rappe Architects
Chicago IL
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Architect A is being irresponsible.  He cannot in good faith claim sole responsibility for the design.

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Andy Caldwell AIA
Sr Architect/Designer
URS Corporation
Washington DC
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That kind of sux...

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Nelson B. Nave AIA
Owner
Nelson Breech Nave, AIA Architect
Kalamazoo MI
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You might want to check out the AIA Code of Ethics Guidelines for Attribution here: http://www.aia.org/about/ethicsandbylaws/AIAS077624  A good number of the complaints received by the AIA National Ethics Council are about this issue, so they have written these guidelines to help architects understand their obligations to one another.

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Rena Klein FAIA
Principal
RM Klein Consulting
Spokane WA
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Original Message:
Sent: 12-19-2013 18:21
From: Nelson B. Nave
Subject: Authorship Claims for Competitions

That kind of sux...

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Nelson B. Nave AIA
Owner
Nelson Breech Nave, AIA Architect
Kalamazoo MI
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Surprised you even had to ask - in my experience [30+ years in corporate and partnership practice], this is a self-answering question.  Clearly the architect who worked on the project can claim/promote that this project is included in his/her personal body of work. He/she cannot claim/assert that this was a singlur/solitary work, nor can he/she claim that the project was the work of the new firm.  The Architect of record and the firm of record do not change throughout the life of the project.

With regard to ethics, this varies from the national AIA guidelines, other "RA" association guidelines, national certification entities, and each state's licensing/registration entity. Having said that, I have never found an ethical guidelines that permits claiming sole credit in a cooperative/collaborative venture - whether legal or functional as employees.
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Scott Braley FAIA
Braley Consulting & Training
Atlanta GA
info@braleyconsulting.com
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If I understand this correctly, Architect "A" SHOULD state that he was involved in the project when he was a partner with "Architectural Firm 1", though not as the sole author.

FYI, in September 2012, I founded a new single-person firm after 38 years with another firm that I owned with other partners. On my new web site, I only include prior projects where I was Principal-in-Charge, and not any projects where my other partners and I collaborated.

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W. Douglas Gilpin, Jr. FAIA

W. Douglas Gilpin, Jr. FAIA - Architect, PLC
Charlottesville, VA and Block Island, RI
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