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Construction Admin for an Out Of State Architect

  • 1.  Construction Admin for an Out Of State Architect

    Posted 05-19-2025 04:37 PM
    Edited by Regina Konet, AIA 05-21-2025 12:42 PM

    Good afternoon, fellow AIA members,

    Recently, I was contacted by a potential client seeking to convert an old bank building into a Vet Clinic.  She has an uncle who is an out-of-state architect who offered to design the clinic for free.  He would like to act as the "Design Architect" and is asking that I, or another local architect, act as the "Architect of Record."

    My professional liability covers me as a sole proprietor. Has anyone ever dealt with this issue? I assume I would need a rider on my policy or an upgrade to my coverage. And then, there's the fact that I signed off on a design that may not be up to my standards.

    I think I am talking myself out of this project, but I am interested in what other sole proprietors have done in similar circumstances.

    Thank you in advance.



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    Reggie Konet, AIA NCARB
    Konet Architecture, LLC
    Williamsburg, VA
    www.reggiekonet.com
    ------------------------------

    Thank you to all who have responded to my post.  Your advice, suggestions, and comments have been invaluable in my decision making. 

    Greatly appreciated!

    Reggie Konet

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  • 2.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 05:27 PM
    Regina,

    The best, and most ethical solution, would be for the out of state architect to perform the design services and you, as the architect of record, produce the construction documents and seal the permit set. It is advisable that you perform the construction administration services as well.

    All the states I am licensed in (38 total) do not allow an architect to seal plans not performed under their direct supervision. Although I think it would be ethical if the out of state architect acts as your draftsman under your direct supervision to perform some of the work. No different than having a remote employee.

    Hope this is helpful.

    Jeffrey Bumb AIA, LEED BD+C
    Wildwood Missouri



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  • 3.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 05:30 PM

    Hi Reggie, 

    It sounds like the assumption is that you would be signing drawings that you had not personally overseen - is that right?  If so, that's typically not legal (at least not in my home state of MN).

    However, I've worked on projects where the Design Architect is in charge of directing the aesthetics and program requirements, while the AoR is responsible for the drawings and specifications.  That way you're signing your own drawings, but you're often outsourcing the "design" aspect (we all know how much design happens in CD's, though).

    In fact, the AIA even has a contract set for this arrangement.  If everyone can get on the same page and stay in their lanes, it's a workable arrangement.

    Hope this helps, 

    Jon Huffmaster, AIA, Small Project Design KC



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    Jonathan Huffmaster AIA
    Architectural Design Group, pllc
    Ham Lake MN
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  • 4.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 05:43 PM

    I expect this will be subject to your state's licensing laws as to its definition of the practice of Architecture. Some, if not most, states are likely to view this as practicing Architecture and would therefore prohibit it regardless of it being pro-bono. I would suggest that you, or the prospective client's uncle, consult with your licensing board for the state in which the project will be built.



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    Mark I. Baum, AIA
    Mark I. Baum Architect LLC
    New Orleans, LA
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  • 5.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 05:54 PM
    I have done similar projects like this before but basically treat them as new projects and charge my usual fee.  They go through my normal process, and I prepare all the drawings and documents.  I take whatever the "Design Architect" gives me but make sure I review every single detail.  It usually happens that the drawings that are provided are very basic with maybe only a rough floorplan. I might speak with the Design Architect on their intent, but usually never coordinate beyond that. 
    Your potential project sounds like fun as those old bank buildings are so unique!  

    Suzie Van Cleave, AIA

     




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  • 6.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 06:09 PM
    Design architects do not have any liability. The architect of record or the design professional assumes all of the liability and takes full responsibility for the design. If you do the work, you have to review it, and make any corrections or changes you need to. You should make sure you are being fully compensated. Also the design architect technically is not allowed to work in any state he is not licensed in. If he stamps his drawings, or uses his title block, he could be in trouble with the state for providing architectural services in a state in which he is not licensed.  Some architects will create an LLC for a specific job, so each architect is a member and then based on the LLC, the liability may be able to be shared. 
    If you do the job, I would treat his design as a schematic design or program provided by the owner, and not as full architectural plans. You want to make sure you are not rubber stamping plans prepared by someone else. 

    Those are my thoughts...


    JAMES M WILLIAMS   PRESIDENT
    ARCHITECT,  LEED AP, SE, PE, CE
    Inline image 2



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  • 7.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 06:14 PM

    At my previous job we once worked as the Design Architect for another architect. Slightly different situation - client was Owner, Architect, and Contractor, and their in-house architect was registered in Arizona but not familiar with the local conditions, as the client was new to the area at the time. We entered into an agreement as a Consultant to the Architect of Record. The Architect of Record reviewed our drawings and made comments, and we made changes based on their comments. Title block included information of both firms. There is a problem if the other architect does not want to put their name on it as Designer or Consultant. If they expect you to rubber stamp their design, that's a problem, too. You should check with your insurance, for sure, but as long as you have a written agreement with the other architect (separate from the agreement with the owner) and the role of each party is clear, I do not believe there is a problem.



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    Yumiko Ishida AIA
    Athena Studio
    Phoenix AZ
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  • 8.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 06:26 PM

    Here is what the law says in Virginia.  Be Careful.

    "18VAC10-20-760. Use of seal.

    A. Affixing of a professional seal, signature, and date shall indicate that the professional has exercised direct control and personal supervision over the work to which it is affixed. Affixing of the seal, signature, and date also indicates the professional's acceptance of responsibility for the work shown thereon.

    1. No professional shall affix a seal, signature, and date or certification to plans, plats, documents, drawings, or other works constituting the practice of the professions regulated that has been prepared by an unlicensed or uncertified person unless such works were performed under the direct control and personal supervision of the professional while the unlicensed or uncertified person was an employee of the same firm as the professional or was under written contract to the same firm that employs the professional."



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    David Brotman FAIA Member Emeritus
    Sunset Consultants
    Scottsdale AZ
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  • 9.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 06:56 PM

    Beware that the use of the seal may not be the only applicable provision of a state's licensing law as there typically are provisions as to the definition of architectural practice and requirements for licensure to practice in the state.



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    Mark I. Baum, AIA
    Mark I. Baum Architect LLC
    New Orleans, LA
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  • 10.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 09:05 PM
    Joint ventures with other Architects is not new and is fairly common, so I would not be deterred by that. The important issue is to clearly define who is doing what and get that in writing. I would probably allow them to do the schematic design and work together on design development and take over at Construction Documents phase through Const Administration.

    I would also talk to my insurance carrier and find out what they recommend for you to do that.

    I've joint ventured twice and it went very well both times.

    Curious to hear what others have to say on this.....

    Scott Wilson
    Chief Manager
    Scott Wilson Architect, LLC

    5005 Meridian Blvd., Ste 100, Franklin, TN  37067
    O: 615-377-9131  C: 615-973-3810

    Inspiring clients to achieve their vision using our God given gifts and timeless principles of design.

        







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  • 11.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 09:11 PM

    Is the other architect licensed to do work in your state? Architect of Record usually is the one who signs and seals the construction documents. If he wants to do the CD's and have you stamp them, you need to check your state's laws regarding "plan stamping." My state requires that the drawings be prepared under your direct supervision. If you stamp it, all the liability is yours. Be careful. 



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    Richard Tokarski AIA
    Tokarski Millemann Architects
    Wall NJ
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  • 12.  RE: Construction Admin for an Out Of State Architect

    Posted 05-19-2025 11:12 PM

    Regina,

    I don't know enough to comment on the liability or liability coverage of the situation. However, I do have experience as an "architect of record" on a project for which the design architect was not licensed in the state where the project was located. (One of these cases was during my internship at a large firm that acted as "architect of record" for I.M. Pei's Beverly Hills Creative Artists Agency building, a well-known project of the 1980's. Pei was not a licensed architect at the time, and may not be now.) The important aspect of all such situations that I experienced was making sure the architect of record has a contracted scope of work that allows him or her to control the preparation of contract documents, code and law compliance (health, safety, welfare, accessibility, and energy conservation), and construction administration.



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    Sean Catherall AIA
    Murray UT
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  • 13.  RE: Construction Admin for an Out Of State Architect

    Posted 05-20-2025 12:19 PM

    If you are doing Design Development or just the CD's you can bring it up to your standards.  He may have higher standards than you.  Meet with him, get a contract, and discuss with your  insurance agent.  When he is gone you are in charge.



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    Nelson B. Nave AIA
    Nelson Breech Nave, AIA Architect
    Kalamazoo MI
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  • 14.  RE: Construction Admin for an Out Of State Architect

    Posted 05-20-2025 12:47 PM
    Regina, I have seen other architects take on projects like this, but ONLY
    with the understanding that the Architect Of Record has the full authority
    (because they have the full responsibility) for making any changes needed 
    to meet Building Codes, and other State and Local Codes.  

    In my experience, the amount of hours it can take to do this can cost more
    than if the Client had just hired a local architect to begin with.  I'd be asking 
    for say 1 or 2 hours for a preliminary view of the drawings to see how many 
    changes they'd need.  Try to get a sense of how "building code savvy" the
    other architect is - - or, do they focus on design only?  

    Check for things like window and door header sizing, any population over 
    50 people which doesn't reflect all the exiting requirements, etc.  
    IF it looks like too many changes, or a fundamental change like fire-rated
    corridors and stairs for exiting that can't be fixed easily - - run away.  

    On the other hand, if the drawings are well done, this can be a smooth 
    collaboration and a good service to the Client.  

    Sincerely, 
    Carolyn 



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