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

[Eric Nelsen]

Thanks everybody! And thanks Jay for the cite to the lien law--helpful.

A couple wrinkles:

1. Advertising as "architect" - interestingly, it appears that "architect" is one of the search key words embedded in his site so that you are directed there via a search engine, but his website doesn't actually say "architect" visibly anywhere. In fact the website appears to rather carefully NOT say architect, or even mention anything about his qualifications. This still sound like a violation?

2. Lien - my understanding is that a "building designer" is unlicensed and unregulated in Washington, but nevertheless allowed to design stuff that I'd consider architecture--like expansions and renovations of existing homes. Given that a license isn't required, can the designer gain lien rights as he's theoretically providing "professional services" related to improvement of real property?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jay Goldstein
Sent: Friday, September 25, 2015 9:06 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] "Designer" non-architect - lien rights? right to advertise as "architect"?

Bad guy needs to get a letter from AIA state chapter alerting bad guy that he is violating the law, needs to stop false advertising, etc, and cc DOL.

I've had to write many of these letters to unlicensed practitioners for a state organization of licensed professionals, and the bad guys generally stop the unlawful practice pretty quickly.

J

Jay A. Goldstein
[cid:AEF18ED8-6AEE-403C-99E7-30A379E62D84 at local]
1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mark K. Funke
Sent: Thursday, September 24, 2015 3:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] "Designer" non-architect - lien rights? right to advertise as "architect"?

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<mailto:mark at funkelaw.com>





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

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