ARCHITECT
A person who prepares the plan and design of a
building or other structure and sometimes supervises
its construction.
A landscape architect is responsible for the
arrangement of scenery over a tract of land for
natural or aesthetic purposes in order to
enhance or preserve the property.
Regulation
The practice of planning and designing a
building requires the application of specialized
skill and knowledge. Because the product of an
architect’s work is used by members of the general
public, the legislature of a state may regulate
the practice of those engaged in the profession.
Regulatory statutes designed to protect public
health and safety are created under the inherent
authority of a state to protect the welfare of its
citizens. As a general rule, regulatory statutes are
valid, provided they are not unreasonable.
Statutes requiring that architects must be
registered and licensed are based on public policy
aimed at protecting citizens from unqualified
practitioners. In many states, statutes call
for the revocation of a license for such conduct
as FRAUD, dishonesty, recklessness, incompetence,
or MISREPRESENTATION when an architect
acts in his or her professional capacity.
The power to revoke a license is commonly
given by the legislature to a state board of architects
who must act in a manner prescribed by
statute. Generally, an architect is entitled to
notice and a hearing when the board seeks to
revoke his or her license. The architect can
appeal a revocation.
Qualifications
Statutes setting forth the requirements for
obtaining a license or registration generally
require that the applicants be of legal age and of
good moral character, have completed a certain
course of study, and have a certain amount of
practical experience. Many states have an additional
requirement that applicants must pass an
examination. A legislature may provide that certain
persons who have practiced architecture for
a period of time prior to legislation requiring an
examination may register as architects without
an examination. Such a statutory provision is
called a GRANDFATHER CLAUSE.
Persons who present themselves to the public
as architects must comply with the statutory
registration and licensing requirements. The
failure to do so is unlawful. In most states, persons
who falsely hold themselves out as licensed
architects are guilty of a misdemeanor, and contracts
rendered by them with others are void and
unenforceable.
Employment
The terms and conditions of an architect’s
employment are designated in a contract and
are governed by general rules of contract law.
Ordinarily, the person who employs the architect
becomes the owner of the plans, unless the
employment contract states otherwise. Customarily,
the architect retains the plans after they
have been paid for and the builder may possess
and use them while constructing the building.
Authority and Powers
The power and authority of architects are
determined by general rules of agency law. In
most cases, unless the employment contract
states otherwise, architects are held to be agents
with limited authority. An employer is liable for
acts of an architect when they are within the
scope of the architect’s agency, although the
contracting parties may further restrict the powers
if they so desire.
Architects have a duty to exercise their personal
skill and judgment in the performance of
their work, and they may not delegate this duty
without express authority to do so. They may,
however, delegate responsibility to subordinates
while performing their duties as agents.
A supervising architect does not have
implied authority to perform work that has been
assigned to a contractor or to employ or discharge
workers. The supervising architect does,
however, have authority to make decisions concerning
proper workmanship, fitness of materials,
and the manner of work.
Duties and Liabilities
Although the duties of architects generally
depend on what is designated in the employment
contract, some duties are carried out as a
matter of custom, such as the duty to supervise
construction.
Architects are in a fiduciary relationship
with their employers, and as such they must
exercise GOOD FAITH and loyalty toward them.
As professionals, they are held to a standard of
reasonable and ordinary care and skill in applying
their knowledge and must conform to
accepted architectural practices. The failure to
exercise reasonable care and skill can result in
liability for damages and the loss of the right to
recover compensation for their services.
Compensation
Architects have a right to compensation for
their services unless there is an agreement that
they shall work gratuitously. To be entitled to
compensation, they must carry out their contract
with reasonable skill and care and without
any substantial omissions or imperfections in
performance. The employment contract usually
fixes the amount of compensation. A standard
payment scale created by the American Institute
of Architects is customarily used to determine
the amount of compensation.
In the event that an architect is refused payment
for services, he or she may sue for the
amount of compensation agreed upon in the
employment contract or, in the absence of an
agreement, for the reasonable value of the services
under the theory of QUANTUM MERUIT.
