Law, rules and regulations, not Guidelines, specify the requirements for practice and violating them constitutes professional misconduct. Not adhering to this Guideline may be interpreted as professional misconduct only if the conduct also violates pertinent law, rules and regulations.
3. Architects Employed, or Retained, by Contractors
One must be licensed in New York State to render or offer to render professional services and architectural services may not be provided by or through a general business corporation.
There is nothing to prevent a contractor from employing or retaining an architect to perform services the company may require so long as the services are not specific to the needs of their client. An example of a service specific to a client is the signing and sealing of documents for the client's project.
If a contractor wishes to construct a project for himself/herself and lease, rent or sell the project when completed, the "in-house" architect may sign and seal the documents. In this situation the contractor is the client and the professional services provided by the architect are to that client.