Project Delivery

This message has been cross posted to the following Discussion Forums: Project Delivery and Young Architects Forum .
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What are my limits in starting a out source business, which would focus on construction document markup correction (redlines), quality control as in construction document call out review. I know there is language that I can not use.. Can someone tell me what is my maximum limit in this area. I am 2 years in IDP. It has been difficult in finding work. I would like to maintain my learning experience...I do not want to jeopardize my future license in making mistakes.....Any advice would help


Thanks
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Mark Lawrence
Project Coordinator
Tampa FL
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This is a dicey area to be sure.  What one may or may not do relative to architectural practice is a product of the licensing laws in your individual state.  Insofar as I am aware, no two are alike.  For example, in Michigan (my state) you may design one and two family residential structures of up to 3,500 square feet in occupiable area (approximately 6,000 square feet gross area) without a license.  Virtually everything else, including anything non-residential, requires a license.  I believe that we have one of the more restrictive licensing laws in the country.

The law in each state defines certain activities that constitute the practice of architecture.  Simply put, in order to render the prescribed services or engage in the prescribed conduct, one must be an Architect (I tend to discount the use of the term "licensed Architect" because it seems redundant and confusing - one has a license in which case one is an Architect - without a license one is not an Architect, hence there is no such thing as an "unlicensed Architect" as the term "licensed Architect" would imply).  If you work for an Architect on the things you describe under the Architect's direct supervision and control you are probably ok.  However, if you plan to actually start an independent business then another series of issues come into play including the degree to which you may use the term "architectural" in conjunction with your business.  

I understand the desire to move in that direction and I have encouraged a number of young professionals here in Michigan to do exactly what you are contemplating.  The advantage I have is that I know Michigan law and can render them intelligent advice based on that knowledge.  Since knowledge of state law is the only way to properly answer your question, my best suggestion would be for you to contact your state chapter and ask them to direct you to someone who can provide that advice in your state.

As you imply, the penalty for going astray could be limitations on your ability to take your licensing exams.  Your idea is becoming more and more common, and frankly could a means by which you gain experience while providing a valuable service to established Architects and firms.  Get the advice you need to do it right. 

Good luck.  Feel free to contact me directly if you would like to discuss further.



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Frederick Butters FAIA, Esq.
Attorney / Architect
Detroit MI
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Mark:
Below are the citations from Fla. Law

481.223 Prohibitions; penalties; injunctive relief.-(1) A person may not knowingly:

(a) Practice architecture unless the person is an architect or a registered architect; however, a licensed

architect who has been licensed by the board and who chooses to relinquish or not to renew his or her

license may use the title "Architect, Retired" but may not otherwise render any architectural services.

(c) Use the name or title "architect" or "registered architect," or "interior designer" or "registered interior

designer," or words to that effect, when the person is not then the holder of a valid license issued

pursuant to this part.

(d) Present as his or her own the license of another.

(e) Give false or forged evidence to the board or a member thereof.

(f) Use or attempt to use an architect or interior designer license that has been suspended, revoked, or

placed on inactive or delinquent status.

(g) Employ unlicensed persons to practice architecture or interior design.

(h) Conceal information relative to violations of this part.

(2) Any person who violates any provision of subsection (1) commits a misdemeanor of the first degree,

punishable as provided in s. 775.082 or s. 775.083.

(6) "Architecture" means the rendering or offering to render services in connection with the design and

construction of a structure or group of structures which have as their principal purpose human

habitation or use, and the utilization of space within and surrounding such structures. These services

include planning, providing preliminary study designs, drawings and specifications, job-site inspection,

and administration of construction contracts.

Tread very carefully!
Burt

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Burton L. Roslyn, FAIA
President
Roslyn Consultants, LLC
Roslyn Heights, New York
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Original Message:
Sent: 03-18-2011 08:50
From: Frederick Butters
Subject: how to start a architectural business without a license


This is a dicey area to be sure.  What one may or may not do relative to architectural practice is a product of the licensing laws in your individual state.  Insofar as I am aware, no two are alike.  For example, in Michigan (my state) you may design one and two family residential structures of up to 3,500 square feet in occupiable area (approximately 6,000 square feet gross area) without a license.  Virtually everything else, including anything non-residential, requires a license.  I believe that we have one of the more restrictive licensing laws in the country.

The law in each state defines certain activities that constitute the practice of architecture.  Simply put, in order to render the prescribed services or engage in the prescribed conduct, one must be an Architect (I tend to discount the use of the term "licensed Architect" because it seems redundant and confusing - one has a license in which case one is an Architect - without a license one is not an Architect, hence there is no such thing as an "unlicensed Architect" as the term "licensed Architect" would imply).  If you work for an Architect on the things you describe under the Architect's direct supervision and control you are probably ok.  However, if you plan to actually start an independent business then another series of issues come into play including the degree to which you may use the term "architectural" in conjunction with your business.  

I understand the desire to move in that direction and I have encouraged a number of young professionals here in Michigan to do exactly what you are contemplating.  The advantage I have is that I know Michigan law and can render them intelligent advice based on that knowledge.  Since knowledge of state law is the only way to properly answer your question, my best suggestion would be for you to contact your state chapter and ask them to direct you to someone who can provide that advice in your state.

As you imply, the penalty for going astray could be limitations on your ability to take your licensing exams.  Your idea is becoming more and more common, and frankly could a means by which you gain experience while providing a valuable service to established Architects and firms.  Get the advice you need to do it right. 

Good luck.  Feel free to contact me directly if you would like to discuss further.



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Frederick Butters FAIA, Esq.
Attorney / Architect
Detroit MI
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You can focus on what you will actually be doing, which is providing Architectural Drafting.  You can become an outside consultant for Architectural firms, general contractors (residential work only), or the private clients for residential work... check with your state license board on the restrictions on residential drafting (design).
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Peter Shutts AIA
Peter G. Shutts Architecture & Planning
Pleasanton CA
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Mark,
It's pretty simple in that the one thing you can NOT say is that you are an architect, or that you are providing architectural services.
You can bill yourself as providing document review for constructability, or offering construction coordination services...but I'd shy away from anything that implies you are designing the building.
I don't know of anyone else who has provided this service prior to registration, so I would be interested in hearing other views.
Betsy del Monte
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Elizabeth del Monte FAIA
Principal
The Beck Group
Dallas TX
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