[WSBARP] "Designer" non-architect - lien rights? right to advertise as "architect"?

Thu Sep 24 15:58:01 PDT 2015

Eric -

As for the licensing issue, it’s a gross misdemeanor and subjects him to civil penalties.

Just ask a licensed architect how they feel about “designers” calling themselves architects… I have found enforcement by the state lax in WA but brutal and swift in CA.

18.08.460
Violation of chapter — Penalties — Enforcement — Injunctions — Persons who may initiate proceedings.

(1) Any person who violates any provision of this chapter or any rule promulgated under it is guilty of a misdemeanor and may also be subject to a civil penalty in an amount not to exceed one thousand dollars for each offense.

and

18.08.310
Authorization to practice required — Out-of-state firms — Interns.

(1) It is unlawful for any person to practice or offer to practice architecture in this state, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including the word "architect," "architecture," "architectural," or language tending to imply that he or she is an architect, unless the person is registered or authorized to practice in the state of Washington under this chapter.

- Mark

__
FUNKE PS
Mark K. Funke, Attorney
1411 East Olive Way
Seattle, Washington 98122
P.206-632-1535
F.206-374-2283
mark at funkelaw.com

On Sep 24, 2015, at 2:14 PM, Eric Nelsen <Eric at SAYRELAWOFFICES.COM> wrote:

> Potential client hired someone whose website says "architect" and he calls himself that too. But he's not a licensed architect and the fine print in the contract says he's a design firm, not an architect or engineer.
>  
> Assuming for the moment this guy is at least reasonably qualified to do the job but just doesn't have the state license for an architect--
>  
> 1. Can he lien the project?
> 2. Is it misrepresentation or misleading to advertise as an architect in Washington, when not licensed as one?
>  
> Thanks all!
>  
> Sincerely,
>  
> Eric C. Nelsen
> SAYRE LAW OFFICES, PLLC
> 1320 University St
> Seattle WA  98101-2837
> phone 206-625-0092
> fax 206-625-9040
>  
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
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