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Nanner
Architect
| Joined: | Thu Apr 15th, 2004 |
| Location: | Massachusetts USA |
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Posted: Thu Oct 2nd, 2008 03:21 am |
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I have a dilemma and would appreciate some advice. There's a large apartment complex being designed close to where I live. I've taken some interest in following the project's progress, and have attended several of the various public hearings in my town as a resident (ZBA, Planning Board, Design Review Board).
Recently, I went online to check the architect's license on my state's official Board of Registration website. The architect's (principal of his small firm) license is listed as expired, and a note that last year the board took some disciplinary action (no other details provided). I am planning to find out if he's been stamping drawings for this project. His firm's website lists him as "architect".
So, my dilemma is this: I hesitate bringing this piece of information (expired license, disciplinary action) forward, because I feel like it might be seen as me purposely trying to tar and feather someone in my profession (I am licensed in the same state). On the other hand, I feel like I'm obligated as a licensed architect to bring this up to my town. Why should I, though, as it's publicly already online on the state's website that his license is expired and there was some sort of "disciplinary action"?
I don't know this guy personally, have no axe to grind... any advice?
Thanks 
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Far Galaxy
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| Joined: | Tue Jun 19th, 2007 |
| Location: | Apprx 32.2degrees N Latitude |
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Posted: Thu Oct 2nd, 2008 03:32 am |
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I would report to the board and let them work the issue out with that guy. This is nothing personal but to protect public health, safety and welfare.
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FinitoCompleto
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Posted: Thu Oct 2nd, 2008 03:37 am |
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First: you should call the board (anonymously if possible) and find out if his license is still expired. Sometimes is takes awhile for the websites to be updated.
Second: what phase is the project in? Are you sure that there have been stamped drawings at this point? Are you sure that they were not stamped by someone else in the firm, or that there is not a separate architect of record?
If you're certain that this person has actually stamped drawings while his license was expired, or that he's representing himself as an architect while his license is expired (for example on letterhead, business card, website, or titleblock) then depending on what state you're in you may actually have an obligation to report this - it's part of the rules and statutes for licensed professionals in some states.
But I wouldn't necessarily use the fact that he's being called "architect" by the press or even by the client as evidence of wrongdoing. It's fairly common for newspaper articles to call anybody involved with a project who works for the architecture firm an "architect" - sometimes even when they've been told explicitly that this isn't the case.
And some states don't require architecture firms to be owned in whole or in part by licensed architects - so it's possible for someone to be a principal but unlicensed - in which case their name could appear in a name of a firm, like "Smith and Jones Architects" even if Smith isn't an architect...
It looks like you're in Massachusetts - which is a state that allows 100% of architecture firm ownership to be in the hands of non-architects...
I've seen other threads on this site where people have gotten upset at similar situations only to find out that the person really is licensed (has cleared up the lapsed dues or whatever, but the state just hasn't noted it yet). Make sure you get the whole story.Last edited on Thu Oct 2nd, 2008 03:51 am by FinitoCompleto
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Nanner
Architect
| Joined: | Thu Apr 15th, 2004 |
| Location: | Massachusetts USA |
| Posts: | 109 |
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Posted: Thu Oct 2nd, 2008 03:53 am |
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Thanks for the quick replies - reaffirming which way my gut was leaning. Tomorrow I'll call the Board and try to get the details. Who knows, maybe he just didn't pay registration fees or came up short on his CEU's. Or it could be something else.
I just checked (part of a recent planning board submission was pdf'ed and posted online), and yes, stamped by this person during the time period where it looks like his license was inactive.
Just to clarify my "no axe to grind" - I mean personally. He seems very competent from what I've seen. My beef, if I even want to call it a beef, is with the project - as a nearby resident of the site, I have gone and voiced concerns at these meetings. But, this is a large apartment complex that can potentially house 250+ people...
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FinitoCompleto
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Posted: Thu Oct 2nd, 2008 04:12 am |
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Well, it sounds like a good idea to check it out.
But the vast majority of disciplinary actions turn out to be pretty minor (and not much threat to health safety and welfare!)
Lapsed dues are by far the biggest reason for that notation. Some states make most of their operating budget by fining people for that - sometimes after they've been inadvertently lapsed for a matter of weeks.
Another frequent reason for state disciplinary action is just that the architect was disciplined in some other state. The states report to each other, and many states levvy an additional fine on anyone who incurs a fine or sanction in another state (example: you forget to pay your dues in Connecticut, which then reports to Mass., then Mass. can fine you for the infraction of having incurred disciplinary action in another state...)
These are things that can be easily cleared up - usually by paying a few hundred in fines - but in some states the notation stays on your record forever.
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sharcitect
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| Joined: | Sun Oct 14th, 2007 |
| Location: | NYC |
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Posted: Thu Oct 2nd, 2008 01:57 pm |
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| It is also possible that this architect may not know his license has expired. He may have been too busy or procastinated and not paid his dues. He may even appreciate someone letting him know that he should get his status corrected.
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seedling
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| Joined: | Mon Apr 14th, 2008 |
| Location: | Los Angeles, California USA |
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Posted: Fri Oct 3rd, 2008 04:14 am |
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| I think the only issue here is whether to do what you would want someone else to do for you, which is call them up and say hey, I saw your license may have expired, you maybe have forgotten to pay fees, I just wanted to give you a heads up. Or just report it and have the board take action. Either way I agree it is your duty to report it, you aren't being immature or policing, you're doing your duty as a fellow licensed architect. It is obviously up to you, but if maybe in the future you'd like to habe god architectur "karma" or have good references maybe the architect can help you out in some way and be very appreciative (or he could be a jrk for all I know). I have drawings on my desk from a structural engineer that we work with a lot and his stamp says it expires 9/31/08. I considered calling them up just to check, because I know personally in my firm, no one is sitting around regulating when the expiration date sneaks up on my boss's stamp. Then again, it is also the responsibility of the architect to be vigilent and make sure they are always up to date. However you want to go about it, this guy needs to know it may or may not be expired!
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Coach
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| Joined: | Tue Mar 4th, 2008 |
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Posted: Fri Oct 3rd, 2008 05:08 pm |
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I don't understand the hesitation. Notify the board immediately.
In my state, the work done already constitutes architectural services. It doesn't matter if anything was signed or not.
The website is clearly contrary to the law.
There's a pattern of problems.
I would also notify the client, city and whomever else you deem appropriate.
That's business. That's politics.
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second life
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Posted: Sat Oct 18th, 2008 09:02 pm |
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also,
how can they sue the guy if something goes wrong? he is not a professional...technically speaking.
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NewtoVirginia
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Posted: Sat Oct 18th, 2008 10:31 pm |
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| It is sad to see some here are jumped to call the board and go public about Simone belongs to our profession. Can you talk to him first as Simone like you said from the same profession I would think that he might give you an explaination instead of going public about Simone belong to your profession. now if he did not give you explaination then you have all the right to report him. our profession already hurt no need to stab each other in public. Talk to the guy first if you are really concerned about the public interest. Last edited on Sat Oct 18th, 2008 10:37 pm by NewtoVirginia
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Nanner
Architect
| Joined: | Thu Apr 15th, 2004 |
| Location: | Massachusetts USA |
| Posts: | 109 |
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Posted: Sun Oct 19th, 2008 01:26 am |
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The Board already knows - it's the Board who keeps record of whose license is current and whose isn't. The architect, who's been practicing in the state for years, should know that he didn't renew his license. The renewal date is the same every year, and he should have received a renewal form to sign and return. I suppose that his renewal form and check may have gotten lost in the mail but that's a slim chance. He would not have gotten his new "registered architect" card in the mail, which would have been a sign his renewal didn't go through.
It was more of a dilemma for me a few weeks ago, but it's clear to me now that it's not my responsibility to let this person know he needs to renew his license. Anyone can go online and see which architects' licenses are current and which are expired, and who has had a disciplinary action in the past. I pointed this out to a friend of mine who lives even closer to the proposed project, who is more involved in the project's public meetings than I am.
However...I see your point on not wanting to rat out / backstab a fellow professional. That was never my intent. If I check online and see his license is expired beyond the "grace period", and he's preparing and stamping drawings, I intend to mention to him privately that we've noticed his license has expired.
PS - who is Simone??
Last edited on Sun Oct 19th, 2008 01:26 am by Nanner
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NewtoVirginia
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Posted: Sun Oct 19th, 2008 01:35 am |
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| My Mistake I meant someone... I think this is the best approach contact him as a fellow professional. who knows may be he was really busy. but I would not start with the board or publicise this for the interest of our profession.
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dreamtiger
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Posted: Mon Oct 20th, 2008 12:28 am |
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He could be licensed in other states even if one state license is suspended at the time. If the firm practices in other states, I think advertising him as an architect might be permissible, but I'm not sure.
I've noticed that some states also have different definitions for the practice of architecture. You'd have to really read your state laws to make sure, but I know that in Texas, you can profess to practice architecture in some instances without being a licensed architect; I believe this can refer to construction administrative duties as well as research and education. But it's all legal semantics. I would try to be sure he is at fault and really stamping drawings/misleading the public before I brought in the board.
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second life
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Posted: Sat Oct 25th, 2008 06:07 pm |
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dreamtiger wrote: He could be licensed in other states even if one state license is suspended at the time. If the firm practices in other states, I think advertising him as an architect might be permissible, but I'm not sure.
I've noticed that some states also have different definitions for the practice of architecture. You'd have to really read your state laws to make sure, but I know that in Texas, you can profess to practice architecture in some instances without being a licensed architect; I believe this can refer to construction administrative duties as well as research and education. But it's all legal semantics. I would try to be sure he is at fault and really stamping drawings/misleading the public before I brought in the board.
we are talking registration....right, not license...
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