Each jurisdiction has unique requirements for design professionals. Whereas many architects and engineers practice in multiple states, keeping track of these requirements is important.
Along with other Pierce Atwood attorneys, I contributed to two very helpful 50-State surveys published by the Division 3 (Design) of the ABA Forum on Construction Law. Links to these surveys is below:
50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms.
We contributed to the Maine, Massachusetts and Rhode Island sections of this survey. In Maine, a license may only be issued to an individual — a firm may not be licensed. There is no requirement for A/E firms in Massachusetts to register the entity, but such entities will be required to present specific information regarding persons performing professional services with the Secretary of State. Yet, in Rhode Island, a certificate of authorization must be obtained by A/E firms to practice architecture or engineering. There are also detailed corporate ownership composition and control requirements in the Rhode Island statute.
View and download this survey by clicking here: 50-state_Survey_of_Design_Firm_Licensure_1st_ed_Jan_2015.
50-State Survey of Licensed Design Professional’s Stamping and Sealing Obligations.
I represented a design-builder against an engineering firm in a jury trial in Massachusetts. In that trial, there was an issue as to whether the engineer in direct/responsible charge was actually controlling the engineering work product of the firm. There was evidence that the primary engineering services were being performed by another employee of the engineering firm. In preparing proposed jury instructions, we consulted and worked from the applicable statute and regulations concerning “responsible charge.”
View and download this survey by clicking here: 50StateSurveyofLicensedDesignProfessionalStampingandSealingObligations.