Small Project Design

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
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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

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

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.

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.

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

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

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.

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. 

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.

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.