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Who Needs A Ticket?

Timothy R. Hughes, Esq.
Hughes & Associates, P.L.L.C.

Many architects I know are very surprised to realize that the question of licensing extends not just to the individual architect, but also to corporations.  Most firms or corporations are the contracting party.  Further, the last thing any professional wants is for regulatory authorities to investigate their firm on a licensing violation. 

Locally, the District of Columbia indicates that “no person” shall practice architecture without a license.  D.C. Code § 47-2853.02.  Naturally, the legislators then define “person” to include firms, companies, and corporations.  D.C. Code § 47-2807.  Maryland law requires that corporations practicing architecture have a license.  Md. Code Ann., Businesses, Occupations and Professions Article, § 3-403.  Finally, Virginia law requires a corporation rendering professional architectural services to hold a license.  Code of Virginia, § 54.1-406(B). 

You should not assume that the apparent local consistency implies the same rules apply everywhere.  Indeed, some states have express limitations on the ability to practice architecture in various business formations.  You need to know the statutes and regulations in every place where you practice or even solicit business.

Similarly, you need to intimately know what the “practice of architecture” means in each jurisdiction.  For example, is it acceptable to advertise for work prior to obtaining your license?  Is it acceptable to negotiate a contract where the client knows you will be obtaining your reciprocal license in advance of the project? 

There is divergence amongst the various states on these issues.  Some states, including the District of Columbia, expressly provide that merely offering to render architectural services constitutes the practice of architecture and thus requires a license.  In contrast, Delaware permits architects to offer services prior to registration so long as they are licensed per NCARB in another jurisdiction and if they obtain a license prior to actually performing work.  Delaware Code, Article 24 § 303.

The ramifications of failing to properly obtain and hold a license can be crippling.  Some states permit a client to retain services without payment when a party performs services without a license.  On problem projects, the last thing you want to do is give your opponent in litigation a fantastic cross-examination point that you were never even properly licensed.  All architects need to know and understand the rules on licensing in every state in which that practice or plan on soliciting business.