She is licensed in Argentina. She does not have a license in any US state

This post was edited by daviddj on Thu, Apr 11, 13 at 19:41

Yes, the key questions are whether she represented herself as an architect in Virginia, and whether your jurisdiction requires an architect on single family residences. If both answers are no then if her qualifications and experience are otherwise suitable and you like the design you might consider going ahead and finish what you started. Argentina has a different building code though, and your house will have to meet your jurisdiction's code as amended.

If she has been claiming to be licensed to practice as an architect in Virginia then you should contact the state registration board as the next step.

This post was edited by dadereni on Thu, Apr 11, 13 at 21:40

I purposefully went with a retired archichtect that did not have a seal. Can't speak to legality of representing themselves as something they are not but at least where I live a seal is not required on plans unless the will cost over 500k. If your house plans will require a seal to be approved you might have a problem. My guy was very upfront with all this with me.

There must have been something that prompted you to do the research now. If she's been dishonest about her back ground then that won't be the only thing she'll be dishonest about...may be time to cut your losses....

Wow -- what an unpleasant surprise. I don't have any advice, just wanted to pass along my sympathy. Hope everything works out for you.

Check with your local Building Inspector. If you are not required to provide signed and sealed plans by a licensed professional, then the decision on whom to hire (architect, building designer, or engineer) is yours.

You may have other concerns, but the threshold question can be answered by your local Building Inspector.

Perhaps some of the confusion about licensure and reciprocity of licensure is due to cultural or national origin issues? If she is licensed in another country, then she may not be that familiar with how each state has it's own little fiefdom of laws concerning professional practices.

Not defending here, just giving a bit of benefit of the doubt.

With NoVa being one of the more highly regulated centers of the universe, it's highly doubtful that one is either allowed to practice architecture without being state certified, or allowed to produce building plans of any variety for the bureaucracy that is so prevalent in the area.

As to remedy, it's more potentially a civil matter on your part than a state matter. Unfortunately, that would mean lawsuit and even more dollars eaten up (unproductively) on your part. Any state penalties are likely to be relatively lightweight and difficult to enforce, even if you make it your mission to make sure that it happens.

We were a little suspicious as soon as she mentioned a structural engineer. The few other people who I know who have built a custom home said they just worked with an architect and there was not structural engineer involved. But we chalked that up to her just being extra through.

But what really prompted us to look when she said the construction documents needed to be completed by structural engineer so they could stamped by for submission to the county. This is what our county code says "If prepared by a Virginia registered architect or professional engineer, the plans must bear the original signature, seal and date." She she wasn't stamping them so we started to wonder.

Had we know we would probably not signed a contract, or at least we would have tried to negotiate a lower fee.

We did have a structural engineer involved in our home, but the architect handled it an it was for a specific load bearing issue, not the entire drawings. And our architect has AIA prominently on his drawings, stationery, business cards, website and everything else that tells us he is not only an architect in good standing, but keeps up with his continuing education requirements.

Is paying the extra engineering fee the main problem you have with this situation? If so, have you any indication that the structural engineer would not have been required but for her lack of a license? If that is the case - that she wouldn't need the engineer if she had a license - and the engineer is not necessary for another reason such as on AnnieDeighnaugh's home, there is no reason not to try and negotiate a reduced rate.

I am very curious as to how she is representing herself. If she has not said she is an "architect licensed in the state of Virginia" in writing/on any of her materials, you unfortunately may not have any recourse, because I don't know how that would be a problem for the state licensing authority. We talked to a guy that I assumed was an architect when we were interviewing people and it turned out he was a designer. I could have sworn I'd seen "architect" so I went back and combed over his materials and sure enough, the word "architect" never appeared.

We used both--a licensed architect and a structural engineer. The structural engineer was required regardless of whether or not we used an architect, which was not required.

Maybe your area doesn't required a licensed architect, but requires either a licensed architect or a structural engineer depending on the type of building. That would mean she didn't do anything wrong UNLESS she misrepresented herself as a licensed architect, which is a different regulation. Did she? Did you assume? Did you learn along the way that different professionals can design house plans? Is there really a foul here? You love your plans and I personally don't think a structural engineer is a frivolous extra. Just talk to her vs. jumping to the conclusion that she did something wrong on purpose. Could be a misunderstanding. (PS - Don't assume her fee would have been less. Some renowned residential designers here charge more than licensed architects.)

We used a fully licensed architect in CA and he also had the plans reviewed by an engineering firm. Not sure if it was required or it was just "insurance", since we did a basement with steel beams and have to deal with earthquakes. The engineering firm came out several times, for a fee, to check on different stages of the build.

The extra engineering cost is $6,500, which is a lot of money to us. When I called the county they said structural is rarely done or necessary for residential construction if plans are submitted by licensed architect. If the county determines more thorough engineering is necessary then an engineer can address just those portions.

When we contacted the state licensing board they sent us this snippet form the state regulations "Any person, partnership, corporation or other entity which is not licensed or registered to practice in accordance with this chapter and which advertises or promotes through the use of the words "architecture," "engineering" or "land surveying" or any modification or derivative thereof in its name or description of its business activity in a manner that indicates or implies that it practices or offers to practice architecture, engineering or land surveying as defined in this chapter shall be subject to the provisions of 54.1-111"

This is the first line of her proposal that we signed,
"Please accept this letter as proposal to you to provide the architectural services described below for a new home ..."

We do like the design which is most important, it's just a pretty big cost we weren't expecting to pay and didn't budget for.

This is what our county code says "If prepared by a Virginia registered architect or professional engineer, the plans must bear the original signature, seal and date."

What does the code say about plans that are not prepared by a VA registered architect or professional engineer?The above sentence does not imply plans have to be prepared by a VA registered architect or PE. I am sure there are many people there who uses plans they bought on the internet. So the question is, can you submit the plans without a seal and save the $6500?

I responded to the other thread about the same issue.

The use of the phrase "architectural services" is the same as claiming that you or a principal of your firm is a licensed architect. This is a violation of VA law but for a first offender it is only a Class 1 misdemeanor that might result in a fine.

Such a misrepresentation would make the contract unenforceable in a VA court so you are not obligated by anything contained in it.

But the issue of VA requiring an architect to design a single family house is another matter that I addressed in the other thread as follows:

"54.1-402. Further exemptions from license requirements for architects, professional engineers, and land surveyors ...

A. No license as an architect or professional engineer shall be required pursuant to 54.1-406 for persons who prepare plans, specifications, documents and designs for the following, provided any such plans, specifications, documents or designs bear the name and address of the author and his occupation:

1. Single- and two-family homes, townhouses and multifamily dwellings, excluding electrical and mechanical systems, not exceeding three stories ..."

So, don't confuse the illegal use of professionally restricted descriptions with the need for a professional stamp. Apparently anyone can design a single-family house in VA (like in most states) and the building department can require a licensed engineer's stamp if the structure is outside of the methods prescribed in the residential building code in the opinion of the local building official.

Without more information about the house I can't tell if that is likely.

Did you not know the probable cost of the engineer before you agreed to the contract? Did the design become unusually complex due to your requirements? Perhaps you could insist on providing your own engineer. I would think this designer would be anxious to avoid exposure to the state registration board if she wants to continue to design houses in VA.

I'm not minimizing your concern over the expense, but if $6500 is "a pretty big expense" to you in a home build, then the entire finances of the build have to be put into question. For a custom home in an expensive area of the country, having a 20% fund for unknowns and overruns should be a hard and fast rule. That fund should easily cover that $6500, or even $16,500 of potential site excavation issues that arise. Or a 30% rise in steel costs for the structural supports and roofing. Those are all very real possibilities for a build.

If you want to use this created plan for your home, then pay the engineering costs. You could try to get your architect to do so as part of an agreement for you to not sue for misrepresentation and fraud, but if she won't, then paying the engineer directly yourself would be the best option. And then file suit to recover that funding. But, only if you can do so in small claims, or if you have a lawyer in your family. You'll likely spend more on an attorney than you will gain if you win any suit.

I'm not minimizing your concern over the expense, but if $6500 is "a pretty big expense" to you in a home build, then the entire finances of the build have to be put into question. For a custom home in an expensive area of the country, having a 20% fund for unknowns and overruns should be a hard and fast rule. That fund should easily cover that $6500, or even $16,500 of potential site excavation issues that arise. Or a 30% rise in steel costs for the structural supports and roofing. Those are all very real possibilities for a build.

If you want to use this created plan for your home, then pay the engineering costs. You could try to get your architect to do so as part of an agreement for you to not sue for misrepresentation and fraud, but if she won't, then paying the engineer directly yourself would be the best option. And then file suit to recover that funding. But, only if you can do so in small claims, or if you have a lawyer in your family. You'll likely spend more on an attorney than you will gain if you win any suit.

I really hate the attitude that only people who can casually drop thousands of dollars without a second thought should consider building. It's possible to have an adequate budget, but to want to save the overrun fund for necessary things. If the money goes to the structural engineer, then it won't be available for the next problem.

A contingency fund IS part of an "adequate budget". And that fund will be a different percentage based on home complexity, location, and cost. A basic non luxury non custom build could have a 5% overrun fund and be fine. A 1.5M luxury build in TX with an unusual design and rare finish choices might need a 30% contingency fund.

The more expensive or unusual the home, the more chances are that something will arise that wasn't planned for. And that basically is what a contingency fund is for. It's NOT for upgrades. It's for unplanned things that happen. And they ALWAYS happen. Despite even good planning. You can't control every eventuality.

$6500 is a very small percentage of a custom home in Fairfax County Virginia. Less than 1%. Basic new construction inside the beltway easily approaches 1M. Inside City of Falls Church, 1.2M is very very quickly spent with not a lot to show for it when compared with the home that it would buy somewhere in the heartland.

.5% of a potential home's value should be easily absorbed by anyone's contingency fund with plenty left over. It would be like a $1500 expenditure on a 300K home, or a $750 on a $150K home. It's a small percent of the whole to have the luxury of building your own home.

If the person who did your design is not licensed as an architect but presented herself as an architect, you can probably get out out of the contract and force her to refund your money. You might even be able to get her fined for practicing architecture without a license tho given the statutes quoted by Renovator, that seems a bit unlikely.

But, if you choose to to have the contract rescinded, I'm pretty sure you would NOT be able to use her design. Whether or not she is a licensed architect, and whether or not she misled you as to her credentials, if she authored the design, she has a valid copyright on it...which means if you rescind the contract and then try to use the design to build without her permission, she would have a cause of action against you for copyright infringement!

Seems to me that this is one of those situations where you need to take a step back, take a deep breath, and think seriously about what outcome you want to see here. If you like her design and want to use it, then work toward accomplishing that goal. If are willing to give up the design and try to get your money back, then work toward that goal.

I totally understand that you thought that once she finished her work, you would have a set of plans that you could build from. I also totally understand that another $6500 in engineering fees on top of what you have already spent in design fees is NOT what you expected nor what you thought you were contracting for.

Study your contract carefully and determine whether or not she informed you (in the written contract) that you would need to have the plans stamped by a structural engineer and that the cost of doing that was NOT included in her fees. It doesn't matter whether you don't remember her telling you any such thing. If it is in the contract, then you were "informed"...even if you didn't read the contract before you signed it. If she told you that you would need to have the plans stamped by a structural engineer and that she did not include getting that stamping done in her service fee, then you basically got what you paid for even though the design was not by a licensed architect. Based on her letter to you, you might be able to get the contract rescinded on the basis of fraud in the inducement and a rescission judgment would require her to pay your money back. But as I said earlier, I rather doubt that you would be allowed to keep and use the design. Contract rescission is intended to put the parties back into the position they would have been in if they had never entered into the agreement in the first place. Neither side is allowed to keep what they would have gained from the contract.

If she did not tell you in the contract that you would need a structural engineer to sign off on the plans, then you haven't yet gotten what you rightly thought you had paid for. The immediate question in my mind would be, is the house design such that a structural engineer would be willing to sign off on it... or will it need major revisions to reach that point?

It might be that a compromise is in order. Negotiate with her for a reduction in her fee (i.e., a rebate to you) that will pay some portion of the structural engineer's fee. I'd probably ask for a $6500 rebate to totally cover the cost of the engineering stamp but, if I really liked the plans and did not want to wind up in court, I'd probably settle for half that amount.

Good luck.

Thanks everyone for you comments / advice. Obviously we didn't understand what we were getting into when we started. This is a crazy world we entered that is much less straightforward then it appears from the outside. The last thing we want to do is get lawyers involved and/or start all over. We agree with @bevangel that a fair compromise would be to a "rebate" of all or some portion of the structural engineer's fee. We would be fine with that.

lessons learned so far...
1) Verify yourself that everyone you hire is licensed in your state
2) Find out in advance who is creating the construction documents. We made an incorrect assumption that architects create them as part of their standard practice. Apparently that is not always the case, as ours uses an outside structural engineer.

I support your working on a fair compromise.

I do want to challenge the idea that talking to a lawyer would be the "last thing" you should do. We had a problem recently (not with our build), and were able to consult with a lawyer, and he used his experience with similar problems to tell us what path was most likely to be successful. We didn't sue anyone, but we did understand our rights, and how those rights were likely to translate into the real world (technically the other side was totally wrong, but it wasn't worth going to court over). Also, whatever you do negotiate with your architect, you will want a legal document locking her into the new agreement, as you understand it. The right lawyer might be a big help at this point.

Maybe you don't need a lawyer, but consulting one doesn't require escalating the conflict. The sense that I have is that your current relationship with your architect is hazy and somewhat undefined, and having a clearer contract might make things easier for everyone.

Has your designer (let's be clear: there are no "unlicensed architects" in the U.S.) marked-up the cost of the structural engineer? If so, that fact and the mark-up % must be clearly stated in your contract and if it isn't you should insist that the actual cost be passed on to you as a reimbursable expense. Your designer (even if she were an architect) should not be selling professional engineering services to the public at a profit.

In reviewing your plan it seems that a center bearing wall/LVL beam system could run the length of the house on each floor and conventional joists would be perpendicular to it. At this point the heating system needs to be accommodated and that might complicate the framing. The LVL beams at the living room and exterior folding doors could be designed and stamped by an LVL manufacturer for free through any lumberyard. There might also be an LVL beam at the tower roof or some corner straps if you want the underside of the rafters exposed.

I would typically design all of this myself and then get my favorite engineer to review it and recommend changes.

For a house this simple I would expect to pay an engineer no more than $1,000 but if the house is in a high wind area it might cost another $500 for shear wall design and another $500 for coordination of mechanicals (but I usually do that). I doubt interior shear walls would be necessary since there are so many interior walls and so few floor and wall openings.

If the engineer is providing the architectural design drawings for a project for which a professional stamp is required (probably not the case here) the engineer could run afoul of the architectural registration board since an engineer can only provide such services if they are "incidental" to his/her practice of engineering. A designer cannot hire an engineer to circumvent the architectural registration laws but this practice is usually ignored by building departments for single family houses since they are not responsible for enforcing those laws and are usually underpaid and overworked. But for a larger multi-family or commercial project, an architect and engineer must produce the appropriate drawings and stamp them.

This post was edited by Renovator8 on Sat, Apr 13, 13 at 9:46

Apparently this is her process...

She does architectural drawings, including
a. Site Plan;
b. Floor Plans;
c. Roof Plan;
d. Exterior Elevations;
e. Wall Sections and Details;
f. Electrical Work Plan, schematic
g. Architectural Notes, Schedules & Specifications;

The structural engineer does construction docs, including
a. Structural Foundation, Floor Framing Plans and Roof Framing Plan
b. Structural Calculations, Details, Notes, Schedules and Specifications

A MEP (mechanical, electrical, plumping) engineer does the mechanical drawing

Is this typical for residential construction? From the people I've talked to it is very unusual for residential, not to mention very expensive.

The work attributed to the designer and the structural engineer is appropriate but all of it is part of the "Construction Documents". Don't confuse the preliminary architectural design drawings with the more detailed final plans and elevations. There will be far more information on the final architectural documents than on the structural documents.

It is more common for a simple house to have the structure noted on the architectural plans, however, I always provide framing plans in order to avoid mistakes in the work and because they are so quick to draw on a computer.

Full MEP drawings are unusual but warranted for an expensive complicated project. For a single-family house I include that work in the architectural fee as well as the fee of an HVAC design consultant (usually $500).

What is unusual in this case is that the project doesn't seem at all complicated but you haven't mentioned anything about the MEP systems so you will continue to be spin your wheels and ask questions only your designers can answer.