I'm with Eric on this. I don't condone wanton disregard of the licensing law but lets not start an inquisition or witch hunt lynch mob going out filing complaints to licensing boards without proper and due diligence. As a word of caution, it can be grounds for these people to sue you because it costs the people whom you filed complaint in both money (due to time diverted to address licensing board investigators) but also the heartache and stress caused which may reach a point where the courts may award the person a certain amount for the stress and emotional heartache which may have to come out of your pocket.
Don't be fivolous about filing complaints. Do the due diligence. After all, you don't want the game to be spun on you all. Point is targetted to those who are looking to file complaints with licensing boards.
What is important is that you do some due diligence because it can come back to bite you if you don't. We also don't want to be filing complaints like some witch hunt lynch mob.
Since Houzz is not bound under any law in any state to only categorize people who are architects as those who are licensed. What amount someone who is practices as an architect where state licensing law doesn't apply. In addition, internet is not bound by state borders. There is no Oregon, California, Washington, Idaho, Alaska, Hawaii, Arizona, Nevada,..... in the internet. Only websites and web domains. The only government that would have any real authority over the internet in the U.S. would be the U.S. Federal government since it was ARPANET.
Since Houzz is interstate matter, wouldn't it be jurisdiction of the Federal court? Then again, there is the Terms of Use agreement of some sort which may define the court of jurisdiction. However, that is usually only apply to lawsuits between a party and Houzz. However, Houzz is not regulated by laws to categorize only licensed architects as architect. There is no such law. Since the category is called "Architect and Designers" or is it "Architect and Building Designers". In either case, it is up to the client to decide if they want o hire an architect or a building designer. Who is going to provide the services the client wants to pay for at the price level the client is willing or is able to afford "out of pocket" because none of the lenders allows their loans for construction projects to be used to cover design/engineering costs. In fact, the lenders don't disburse the money until permits are issued and only a third of it at the beginning of the project. It is a contractual violation to use the construction loans on design. Remember.... the ONLY kind of money available for new construction projects is construction loans. There isn't the grants. At least, not these days. They are far and few in between.
They can't apply a mortgage unless they have collateral and if this is their first "home", there is a good chance that they do not have a million dollar property somewhere as collateral or any at all.
Clients do not really have the money to pay us top dollar fees that many of us would want because they don't have $100K+ income.
Some of you think if they can afford to pay a $500K project.... duh... it is going to be paid for over the next 20 to 40+ years. If it takes a little longer than the mortgage period... so be it. Refinancing and arrangements can be made provided they have been making good faith payments. In addition, their income increments over time with inflation.
Most people who would be clients of building designers aren't making $100K+ a year. They aren't looking for Taj Mahal. If you want to be affordable, and get these sub-$100K income clients, you need to be affordable to their financial income capacity before they get the construction loan payments and subsequent mortgage when construction is complete.
People can not afford to spend more than 10% of their annual income on any one thing such as us. After all, a third is taken up by tax man of federal and state. They also have their rent, their food and other living expenses. They may have children, too. That means we need to be affordable within their available budget. This is why we need to find a way to deliver services for under a $10K price tag when it comes to the average consumer or we have to have a multi-year payment plan such as 2-3 year payment plan. It matters because it would be a tough pill to choke down $35K in 1 year if they make only $75K a year.
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Richard Balkins, Assoc. AIA
Building Designer / owner
Richard W.C. Balkins, Building Designer
Astoria, OR
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Original Message:
Sent: 08-21-2014 23:51
From: Eric Rawlings
Subject: Houzz doesn't care if you are licensed
I believe I prefaced my comment with the fact that I was speaking in more general terms, but yes I did go a little off topic. What I was speaking about in general terms are the age old complaints about residential designers that sound more like insecure whining to the general public, which I find embarrassing. I feel there is a fine line that is often crossed when we sound like we think we deserve some sort of special treatment just because we have a license. Expecting special treatment and then getting very sensitive about it when you don't get your special treatment is the clinical definition of the behavioral disorder called narcism, which is not a very well beloved trait among the masses. I don't condone the misrepresentation of our title and I'm not sure where you got that from, but I also know that when you're in the public eye, it is better to prove yourself through your actions, not through pompous complaints and demands.
When all of us decided to work in the residential sector, we all knew (or should have known) that we were venturing into an arena where our licenses are not required, unless you live in NY, NJ where structural engineers can also stamp residential plans. Houzz.com is not the Secretary of State and they cannot police the companies that misrepresent themselves. If you have a specific complaint about a designer you know is not licensed, yet uses the title Architect on a site like Houzz, then you must go to your State Board and complain to them, not Houzz. I know GA will fine someone on a per day basis until their offense is corrected. People constantly lie and misrepresent themselves in all areas of business. You will never put an end to the snake oil salesmen. This petroleum product is "green", this pill will magically make you lose 50lbs in a week, my video will give you 5 minute abs.
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Eric Rawlings AIA
Owner
Rawlings Design, Inc.
Decatur GA
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Original Message:
Sent: 08-20-2014 18:36
From: Mark Bufalini
Subject: Houzz doesn't care if you are licensed
Ann and Eric,
I would like to know how we got off the subject of residential designers portraying themselves as licensed architects in a public forum like Houzz? You both are discussing our creativity versus theirs, our billings versus theirs, what the common man should pay for architectural services and that was not the subject of this post.
The subject of this post was whether Houzz should allow an unlicensed residential designer to portray themselves as a licensed architect and had nothing to do with the quality of work that residential designers produce. A lot of the residential designers that I compete against are VERY talented and when all is said and done, it is my creativity and talent that clients hire me for and admittedly, not because I am a licensed architect. But I worked hard to get a degree from a university, interned with licensed architects and took examinations to prove myself worthy to be licensed by several states and call myself an Architect. I am proud to be a licensed architect and I object to those who call themselves an architect when they are not legally permitted to do so.
You both are licensed architects and members of the AIA and frankly it shocks me that after you both worked just as hard as I did to obtain your licenses that you would belittle that incredible achievement by saying it does not mean anything compared to a residential designer. Why did you go through the process of education, internship and examination for a license that you feel should be given away to residential designers just because they have talent. I can guarantee you that if residential designers could get a license like ours without our investment, they would, otherwise there would not be organizations out there like the AIBD to give them a medium to infer a similar credibility that our NCARB & AIA designations give us. No matter what your feelings, for unlicensed designers to infer that they are licensed professionals is fraud and it should not be permitted, and Houzz is giving them a medium to infer just such a licensing. Doctors are licensed and so are lawyers, would they allow their professions to be blurred on a website like ours is?
That is the purpose of this post, either you agree that an organization should not facilitate fraud or that the line between the unlicensed professional and those of us that are licensed should be allowed to be blurred. If that is the case, then we have all wasted our time and money with an education, internship, licensing and subsequently continual dues to the state and national organizations that have licensed us.
Lets stay on point with the Houzz issue for this post. I would love to participate in a thread about talent, creativity, billings and architecture for the common man. I have no problem obtaining clients, my rates are no more than the market will bear (mainly due to the lower fees charged by the residential designers), I adjust my rates to provide just what the client wants, I sell beer and champagne, but also have a fully stocked bar so I can give the clients exactly what they need at exactly the price they need to pay. I have done 200 SF additions and 20,000 SF new homes. Those are not the issues that I have with residential designers, it is the fact that they perpetrate an image of themselves that they are not legally entitled to portray. That is the point of this post, not their talent or abilities. But I will end with one last comment, if the title Architect did not matter to residential designers, why is it so important that they call themselves an architect to their clients. The term MEANS something, and it should be protected.
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Mark Bufalini AIA
President
Collaborative Design Group-Architecture & Interiors, LLC
Houston TX
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Original Message:
Sent: 08-19-2014 05:19
From: Ann Dunning
Subject: Houzz doesn't care if you are licensed
Thank you Eric
You comments are just exactly what needs to be said. No project is too small and no client is to poor to get less than the best architectural services we can provide. We have to meet that challenge.
We do need a discussion on what we are being expected to submit to Building Departments, Architectural Review Boards in their efforts to "protect the Home Owner" from bad architects and contractors. Huge sets of drawings do nothing to make the project better, they just use a lot of paper. When the projects are under construction, the first part to be forgotten is the requirements from these submissions. Thoughtful designs that are followed thru in the construction process by including the Architect, Owner, Contractor and Building Inspector can provide the most successful projects. And most satisfying for all with good recommendations to follow.
Ann Dunning AIA
President
Ann M. Dunning, AIA, Inc.
Chagrin Falls OH
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