CSE

1. Conviction of crimes substantially related to duties of an architect
2. Practicing in violation of the provisions of the Practice Act
3. Fraud/misrepresentation in obtaining a license
4. Impersonating an architect
5. Aiding an unlawful practice
6. Signing other’s plans not in responsible control, or letting others to use name to evade provisions of Practice Act
7. Fraud in practice of architecture
8. Negligence or Willful Misconduct
9. Incompetency or Recklessness
10. Disciplinary action taken by another public agency
11. Report of settlement for fraud, deceit, negligence, incompetency, or recklessness in excess of $5K (sent w/in 30 days)
12. Malpractice settlement in excess of $5K

1. Issued whenever order of abatement is issued or fine levied

2. Class ‘A’ – when commited class ‘B’ violation and has two or more prior class ‘B’ violations.

3. Class ‘B’ – when violate a statute or regulation relating to practice which has caused physical damage to a structure or building or monetary damage to a client or member of the public, or commited a class ‘C’ violation with two or more priors

4. Class ‘C’ – when violate a statute or regulation which hasn’t caused the death or bodily injury to another person or caused physical damage to a structure or building or monetary damage to a client or member of the public

MUST HAVE a signed contract before starting work (unless client knowingly states in writing that work may be commenced before the contract is executed)

Necessary Elements of a contract*

1. Description of services to be provided by arch to client
2. Basis of compensation & method of payment
3. Info: Name, address, lic. # of Arch and name & address of client
4. Additional services – procedures
5. Termination of contract – procedures

1. Unpaid work 2. Basis of compensation and manner of providing services is implied by fact that services are of the same general kind as previously rendered and received payment 3. Client knowingly states in writing after full disclosure of Practice Act that a writing conforming to PA is not required

4. Services rendered to a professional engineer or land surveyor

1. All persons in responsible control shall sign all plans, specs, and instruments of service, and if licensed, stamp them as evidence of their responsibility for the documents. Does not apply to employees of licensed persons while acting in the course of their employment

2. Section 5535.1The phrase “responsible control” means that amount of control over the content of technical submissions during their preparation that is ordinarily exercised by architects applying the required professional standard of care.

1. Not responsible for damage caused by unauthorized changes to signed and stamped documents (as long as authorization was not unreasonably withheld)
2. Signing and stamping of documents does not impose a legal duty to observe the construction of fixed works
3. Construction Observation means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents, not superintendence of construction processes, site conditions, operations, equipment, personnel, or safety
4. Architects who perform voluntary building inspection at the site of an emergency at the request of a local official shall not be liable in negligence for any damage caused by good faith but negligent inspection (only within 30 days of emergency)

1. Perform services only when qualified by education, training, and experience in the specific technical areas involved

2. Act with reasonable care and competence, applying the technical knowledge and skill which is ordinarily applied by architects of good standing practicing in this state under similar circumstances and conditions

3. Shall have knowledge of all applicable building laws, codes, and regulations

4. Shall not knowingly design a project in violation of such laws, codes, and regulations

1. Don’t accept compensation for services from more than one party unless circumstances fully disclosed and agreed to by all parties

2. Fully disclose any business or financial interest substantial enough to influence judgement in performance of services. If client objects, terminate such interest or give up the project

3. Don’t solicit or accept payments, rebates, refunds, or commissions from material or equipment suppliers in return for specifying products to a client
4. Do not engage in a business or activity outside capacity as an officer, employee, appointee, or agent of a governmental agency knowing that the activity may later be subject to the control, inspection, review, audit, or enforcement by you

1. Accurately represent qualifications and scope of responsibility to client in connection with projects or services for which claiming credit

2. Accurately represent education, training, and experience in applying for license

Do not infringe upon copyrights of other architects or design professionals

1. accurately presenting professional capabilities & experience to clients

2. Don’t use extreme words to overstate abilities (best architect, perfect jobs, etc.)

3. Maintain current resumes and qualifications (don’t include former staff who may have been experts in an area)

4. Only undertake to perform professional services when qualified by education, training, and experience in specific technical areas involved

5. Act with reasonable care and competence (Standard of care)

1. Marketing materials
   1. Don’t promise too much
2. Resumes
1. Maintain current
2. Always provide an accurate description of actual involvement in past projects
1. Respect copyrights
2. Obtain consent to photograph owner’s building and use in marketing literature (make sure doesn’t violate confidentiality)
3. Adapting presentations to clients specific needs
4. Media presentations
   1. Cultural considerations
   2. Client history

1. Professional Corporation – Corporations Code 2. Limited Liability Partnership – Each shareholder, director, and officer must be a licensed architect 3. Individual architect

4. Normal corporation

1. OSHA 2. FLSA (Fair Labor Standards Act)

1. Subcontractor: File 20-day Preliminary Notice with county recorder, then within 30 days of Notice of Completion must file Claim of Lien. Then within 90 days a foreclosure action can be taken
2. Sub on public project: Serve Stop Notice within 30 days of Notice of completion, then file an action on the stop notice within 90 days of notice.
3. Prime Contractor: Within 10 days of completion, file Notice of Completion. Within 60 days of that, file Claim of Lien. Within 90 days of that file a Lien Foreclosure Action