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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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The situation my friend is running a construction company

Customer Question

The situation my friend is running a construction company and wants to hire an in-house architect. (Located in NYC and NYS) The construction company will hire more construction managers/ project managers and continue to function as construction management
company. His concern is that because the company is the construction management company, even if he hires an in-house architect, the in-house architect cannot stamp the drawing and company also functions as "architecture firm" because the company (or company's
licensure says) is construction management company. Is that right at all? If yes, and if the construction company wants to stamp on the construction drawing (of course engineers would need to be hired also), would the company need to obtain some sort of additional
license to do stamping on the construction documents?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

It is legal for the construction firm to employ, in-house, an architect. It is legal for the architect to stamp his/her designs while employed by the firm. The work of the architect, no different than in-house legal counsel, rides on the license that the architect has with the state. There are no other licensing requirements that the construction firm must obtain...though it is not a bad idea as a matter of due diligence, for the architect to report who he or she is working for to their licensing board.

The architect can only stamp their work...not the work of other unlicensed professionals.

One other point of emphasis, it will be a necessity that the construction firm pick up a malpractice type, errors and omissions, insurance policy to cover the work of the architect for the firm.

Here is a flier produced by the State of New York that covers some of these issues:

http://www.aianys.org/what's_legal_whats_not.pdf

Let me know if you have any other questions or comments.

Please rate my work positively as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.
Did you have any additional questions or comments? I just want to make sure you are as comfortable as possible moving forward. Thanks
Customer: replied 1 year ago.
Thank you Delta-Lawyer, sorry for the delay, but during last week was when the architect said that under NYS Education Department, in order for the construction company (or any company) to provide architectural service or to put a stamp on the construction document, the individual (architect) would have to own at least 50% of the company. When the architect asked his lawyer, although the lawyer might have had a different opinion about it, the lawyer said, "If NYS says it, you should listen to them." I know that every state has different regulations, but I am confused because isn't AEC (Architecture, Engineering, and Construction management company) a new trend out there and if such rule applies, Architect and Engineer should own 50/50 ownership of the company to practice what they service to clients?! Help me here..
Expert:  Delta-Lawyer replied 1 year ago.

That is very interesting. I am not aware of any statute or regulation in NYS which requires at last 50% ownership. To that end, I don't believe that to be true. I would send a letter to the contact at the NYS Education Department and request a copy of any and all statutes and regulations which specifically state that they must own 50% to be a part of the business. My research has produced no results to that end and I would bet they cannot produce the statute or regulation either.

Let me know your thoughts. Please also rate my answer positively as well. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks

Customer: replied 1 year ago.
Hi Delta lawyer, how much $$ would it take for me if you could help:contact at the NYS Education Department and request a copy of any and all statutes and regulations which specifically state that they must own 50% to provide architectural services as part of a construction company (or any business) in New York.I just want to conclude in this matter and move on. If there can be a note from your conversation at the NYSED, this will help me move forward at this point. Please let me know if you could do so, thanks.