Architects: New Laws Could Affect Your Business
Several new laws became effective in California on January 1, 2020. They involve amendments to twelve existing sections and addition of three new sections to the Business and Professions Code. These changes while seemingly minor, could have a dramatic impact if not implemented correctly.
Senate Bill 608 (SB 608) focuses on contract requirements, fingerprinting of new applicants, and citations by the California Architectural Board (CAB). Among other new requirements, starting January 1, 2020, architectural services contracts not on the public agency’s form must:
1. Provide a complete and correct address of the project;
2. Provide a full description on how the architect and client will address changes for the project including: a description of services provided and compensation for and method of payment to the Architect;
3. Identify the use and ownership for instruments of service for the project;
4. Include in at least 12-point type that a statement that reads as follows: “Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.”
In addition, all applicants for licensure (not those simply renewing their license) must furnish a full set of fingerprints beginning January 1, 2021. The purpose of the fingerprinting is to enable a complete a background check for criminal activity at the state and federal levels.
Finally, SB 680 authorizes an architect who received a citation from the CAB to request an informal conference within 30 days of the citation to the executive officer of the CAB.
Nothing contained in this article should be considered legal advice. Anyone who reads this article should consult with an attorney before acting on anything contained in this or any other article on legal matters, as facts and circumstances will vary from case to case.
AIA San Diego thanks Howard Franco, Jr. and Christie B. Swiss of Collins Collins Muir + Stewart, LLP for providing this synopsis.
