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Professional Practice for Architecture - Client Relations

Disclaimer: 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.

C. Client Relations

  1. Defining the Terms for Providing Professional Services

    As an architect, you are required to practice within your authorized scope of practice, as defined in the Education Law, Commissioner’s Regulations and Rules of the Board of Regents. It is your responsibility to be knowledgeable of any restrictions that are based on law or regulation, as well as those that relate specifically to your area of professional competence.

    The Rules of the Board of Regents define as unprofessional conduct any practice by an architect that is beyond the licensee's scope of professional competence. Therefore, if you are not competent to provide a service, even one that falls within the legal scope of practice for your profession, you may not provide that service. As a licensed and registered professional, it is your responsibility to practice within the scope of your abilities and expertise. If you practice beyond your personal scope of competence, you can be charged with professional misconduct.

    At the outset of service, you should provide your client with information regarding the services that you or your firm can provide to clients, all fees and relevant business procedures, contractual requirements, and the expectations required of clients receiving these services. You should involve your clients in the development and implementation of any project to the fullest extent of the client’s abilities.

  1. Scope of Services

    The practice of architecture is defined as rendering or offering to render services which require the application of the art, science, and aesthetics of design and construction of buildings, groups of buildings, including their components and appurtenances and the spaces around them wherein the safeguarding of life, health, property, and public welfare is concerned.

     

    Architectural services include but are not limited to:


    • Consultation
    • Evaluation
    • Planning
    • The provision of preliminary studies
    • Designs of buildings and the spaces around buildings
    • Construction management
    • The administration of construction contracts
     

    Persons and/or entities that practice architecture who, by verbal claim, signature, advertisement, social media (including, but not limited to, websites and social networking sites), letterhead, or card, or in any other way, represent themselves to be architects or, through the use of some other title, imply that they are architects, or who hold themselves out as able to perform, or does perform, any architecture service, work or any other service designated by the practitioners which is recognized as architecture, shall be construed to practice or offer to practice architecture within the meaning and intent of Section 7302 of the Education Law.

    Anyone who aids or abets three or more persons, who use a professional title despite no authority to do so, shall be guilty of a class E felony. Anyone who employs three or more persons who use a professional title in the course of such employment, when not authorized to use such title, shall be guilty of a class E felony.

  1. Clients’ Rights

    All clients of architects have the right to:

    • receive competent professional services;
    • be able to verify the credentials of licensed professionals and to know the names and titles of licensed professionals who provide services;
    • receive clear explanations of the services being offered or provided and how much they cost
    • refuse any service offered;
    • know what client records will be maintained and how to obtain copies; recognizing that personally identifiable information normally cannot be revealed without the client’s consent;
    • file a complaint with the State Education Department about a licensed professional or an unlicensed practitioner; and
    • request and be provided a reasonable accommodation to access professional services, if a person with a disability.

  1. Representation of Qualifications and Experience

    An architect, professional partnership, professional service corporation, design professional service corporation, professional service limited liability company, registered limited liability partnership, or grandfathered business corporation rendering, or offering to render, architecture services should not mislead a client or the general public or misrepresent their competence or qualifications (Rules of the Board of Regents Paragraph 29.1(b)(12)).

    An architect who has been an employee of an architecture firm should not claim unconditional credit for projects contracted for in the name of the previous employer. To avoid misrepresentation of facts, the architect might:

    • identify the project,
    • identify the nature and extent of their involvement in connection with the project, and
    • identify that the experience was acquired as an employee of another firm
     

    An architect, who was formerly an employee in a firm, may make additional claims provided they are accurately documented and explained. Similarly, when an architect leaves a firm, that firm has an obligation to accurately represent the experiences and capabilities of the staff only.

    Projects listed as "credits" which remain unconstructed, should be identified as "unbuilt" or given a similar designation.

  1. Reasonable Expectations of a Client

    When retaining the services of an architect, the client will expect quality in the services received and the manner in which they are delivered. Assuming the client lives up to his/her contractual responsibilities, reasonable expectations for quality architecture services might include:

    • documents that serve the purpose for which they are intended
    • documents that are approvable by the municipality to which they are submitted
    • documents that conform with governing codes applicable at the time of submission and which are approvable by the municipality to which they are submitted
    • documents, possibly with modifications, that represent a project which can be built within the agreed upon budget
    • documents that are prepared by qualified professionals and personnel
    • the scope of services are performed in a timely manner
    • an architect who listens to the client concerning the client’s expectations for the project
     

    Additional consumer information is available on this site, or by emailing the State Board for Architecture at archbd@nysed.gov or calling the State Board at 518-474-3817, ext. 110.

Citations of Pertinent Law, Rules or Regulations:

  • Education Law, Section 6509 – “Definitions of professional misconduct”
  • Education Law, Section 6512 – “Unauthorized practice a crime”
  • Education Law, Section 7301 – “Definition of practice of architecture”
  • Education Law, Section 7302 – “Practice of architecture and use of title ‘architect’”
  • Regents Rules, Section 29.1 – “General provisions.”
  • Regents Rules, Section 29.3 – “General provisions for design professions."