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

[Jay Goldstein]

You might want to look at this:

18.27.010. Definitions
Currentness<https://a.next.westlaw.com/Document/N24B64FD009B011E58D55DA2CB8736F2F/View/FullText.html?originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)#co_anchor_IC4FFA1402E8A11E5BF7BDF9ABE1F3CF0>
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Contractor" includes any person, firm, corporation, or other entity who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, develop, move, wreck, or demolish any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith, the installation or repair of roofing or siding, performing tree removal services, or cabinet or similar installation; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided in this chapter.
(b) "Contractor" also includes a consultant acting as a general contractor.

18.27.020. Registration required--Prohibited acts--Criminal penalty--Monitoring program
Currentness<https://a.next.westlaw.com/Document/N3C832A902E5111DC86DB96B0340B67D6/View/FullText.html?originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)#co_anchor_IF25CB540FDFE11E488BFBBC336AA5652>
(1) Every contractor shall register with the department.
(2) It is a gross misdemeanor for any contractor to:
(a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter;

18.27.080. Registration prerequisite to suit
Currentness<https://a.next.westlaw.com/Document/NC2424950A12911E08F2DB58B7595642C/View/FullText.html?originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)#co_anchor_I66AD2DE0FE0311E488BFBBC336AA5652>
No person engaged in the business or acting in the capacity of a contractor may bring or maintain any action in any court of this state for the collection of compensation for the performance of any work or for breach of any contract for which registration is required under this chapter without alleging and proving that he or she was a duly registered contractor and held a current and valid certificate of registration at the time he or she contracted for the performance of such work or entered into such contract. For the purposes of this section, the court shall not find a contractor in substantial compliance with the registration requirements of this chapter unless: (1) The department has on file the information required by RCW 18.27.030<https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259&cite=WAST18.27.030&originatingDoc=NC2424950A12911E08F2DB58B7595642C&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Category)>; (2) the contractor has at all times had in force a current bond or other security as required by RCW 18.27.040<https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259&cite=WAST18.27.040&originatingDoc=NC2424950A12911E08F2DB58B7595642C&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Category)>; and (3) the contractor has at all times had in force current insurance as required byRCW 18.27.050<https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259&cite=WAST18.27.050&originatingDoc=NC2424950A12911E08F2DB58B7595642C&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Category)>. In determining under this section whether a contractor is in substantial compliance with the registration requirements of this chapter, the court shall take into consideration the length of time during which the contractor did not hold a valid certificate of registration.

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] On Behalf Of Bryce Dille
Sent: Saturday, September 26, 2015 10:29 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] "Designer" non-architect - lien rights? right to advertise as "architect"?

Does this mean that a construction manager or consultant who performs no work on the property and does not have to be a registered contractor has no lien rights since these services are not defined as professional services under the statute?

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
Voice:  253.848.3513
Fax: 253.845.4941
bryced at cdb-law.com<mailto:bryced at cdb-law.com>

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development
Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jay Goldstein
Sent: Saturday, September 26, 2015 10:04 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] "Designer" non-architect - lien rights? right to advertise as "architect"?

Look at 60.04.011

(5) "Improvement" means: (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees, vines, shrubs, plants, hedges, or lawns, or providing other landscaping materials on any real property; and (c) providing professional services upon real property or in preparation for or in conjunction with the intended activities in (a) or (b) of this subsection.

(11) "Potential lien claimant" means any person or entity entitled to assert lien rights under this chapter who has otherwise complied with the provisions of this chapter and is registered or licensed if required to be licensed or registered by the provisions of the laws of the state of Washington

(13) "Professional services" means surveying, establishing or marking the boundaries of, preparing maps, plans, or specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for the improvement of real property.

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>

Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
please reply advising of the mistake and then delete this message
from your computer. Should you have any questions,
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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 Eric Nelsen
Sent: Friday, September 25, 2015 11:15 AM
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"?

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> [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>

Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
please reply advising of the mistake and then delete this message
from your computer. Should you have any questions,
please call the Sender at 360-352-1970.

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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