By: J. NORMAN STARK, ATTORNEY and ARCHITECT EMERITUS ( A.I.A., N.C.A.R.B.)
Registered Architects in Ohio, as in most states, are held as professional services providers under the applicable laws.
The title “ARCHITECT” or “REGISTERED ARCHITECT” may be used only by those who have passed strict written, qualifying examinations and have been issued a license by the state. No other titles or derivative es referencing these specific titles are permitted. Violations are speedily investigated and addressed, which may include legal actions, injunctive relief by the Ohio Board of Architects, and the imposition of monetary penalties, where warranted. (See: Chapter 4703 R.C.)
The rendering of architectural service in Ohio, as in many other states, mandate the use of written contracts, executed even before beginning any work or services. Accordingly, Ohio architects and firms may only enter into written contracts with either the owner of the project, the design-build contractor for the project, or as a consultant to an Ohio Professional Engineer (“PE”) or Ohio Landscape Architect (“LA”). Architects and their firms are cautioned to not enter into contracts with entities offering building envelope consulting & exterior support services or energy and testing services for the benefit of a third party.
Architects and firms entering into contracts with other entities could be in violation of aiding and abetting the illegal practice of architecture. All professional contracts for Architects’ services, should conform to the following:
(1) A description and location of the site.
(2) A description of the services to be provided by the registered architect to the client.
(3) A description of the basis of compensation applicable to the contract and the method of payment agreed upon by both parties.
(4) The name and address of the registered architect or architectural firm and the client’s name and address.
(5) A description of the procedure to be used by the registered architect and client or design-builder to accommodate additional services.
(6) A statement identifying the ownership of documents prepared by the registered architect and/or reuse of documents.
(7) A description of the procedure to be used by either party to terminate the contract.
To avoid even unintended violations, the assistance of experienced legal counsel is highly recommended
“WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE”
J. NORMAN STARK, ATTORNEY
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 282-1849 Email: Jnorman@Jnormanstarklaw.com