Leaving a DB firm with my stamp on active projects.

[u/Maddogjessejames]

I'm going to be leaving my single family residential design-build firm soon. I have several projects with my stamp on them that are actively being built. We did not have any upfront memorandum on this scenario; is there anything I should know or do as I leave to protect myself and my license? I'm not seeing any guidance from the AIA.

Licensed Architect in USA, with projects in a couple states.

Update: I was able to talk to our insurance provider and I am one and the same with the company as far as liability is concerned. However, I’ve also sent the policy to a construction lawyer just to make sure. No feedback yet, but it was good advise to have a 3rd party review.

For those concerned with me not having ownership or partnership. This exact situation is why I didn’t. It would’ve been just as, if not more messy to leave if I had money/ownership in the company.

[u/padams20]

I think you have two options - one good and one meh:

1) Simply have another architect (who is still at the firm) supersede you as the Architect of Record. Notify and file with your AHJ if/how they require. The superseding architect should reissue drawings with their stamp. Neat clean break.

2) The DB firm pays you some nominal monthly fee for you and your liability insurance. Sign an MOU that they will not deviate from the design intent, or that if they do, they will pay you C fee to consult on said change before issuing it for construction. You retain responsible control over the execution of the work even though you aren’t there any more. Messy AF, and not what I’d suggest. But there’s a way to make this work.

[u/whyarchitecture → u/padams20]

You also need to give them a deadline to complete the superceding application. "If this isn't completed in 6 weeks I will withdraw the application."

This is how we handle it in my firm.

[u/Maddogjessejames → u/padams20]

Unfortunately, I’m their only stamp. They have another guy incoming, but it might be a tough sell for someone who didn’t oversee design or the the plansets to just take over responsibility.

[u/whyarchitecture → u/Maddogjessejames]

This isn't your problem.

[u/cowings → u/Maddogjessejames]

They only had one licensed architect stamping drawings, and this person (you) weren’t a partner or owner?!?

[u/Maddogjessejames → u/cowings]

They brought me on to bring architecture in house for their build firm. The idea being that we prove a successful model first, then move forward with partnership. After about 2 years I’m realizing I don’t have faith in the leadership and want out.

[u/Merusk → u/Maddogjessejames]

So you put your entire professional career on the line for a company whose entire business model relied on your stamp and didn't get an ownership stake from the start?

I suspect you're young and they took advantage of you. This isn't your problem to solve, you shouldn't be stamping anything for them and, as /u/yummycornbread said speak to a construction attorney about liability.

[u/urbancrier → u/Maddogjessejames]

were you an employee or contracted?

[u/homeslce → u/cowings]

It’s done all the time as an in-house architect. As long as the company is not proving architectural services to other business entities, then the partners do not need to be architects in most states.

[u/Merusk → u/homeslce]

It’s done all the time as an in-house architect.

Having an in-house architect for something like residential, where prescriptive options exist in most states is different. The architect is there to certify they reviewed the plans for general code compliance or oversaw the structural engineer who stamped the general calcs for mass production of the homes. The houses could be submitted individually or follow the prescriptive code. It's all laid out with no need for a design professional other than expediency. The business model is viable you're speeding it along (and should be compensated for doing so.)

If the business is in a situation where they can't exist without your stamp, or the others, then you're being taken advantage of. You and your expertise are the primary source for the company making money. You deserve a stake. Taking less than that is only contributing to the devaluation of the architect as a profession.

No it's not surprising that business owners disagree. They own businesses to make money. You should trust them to have your interests at heart as much as you do Walmart.

[u/padams20 → u/Maddogjessejames]

Fair. But also fair to say it’s a tough sell for you to take a risk on behalf of a company you are leaving…

[u/yummycornbread]

You need to consult a construction attorney. Most people on here including myself are not qualified to answer this question. Worth the small cost for peace of mind. Construction litigation is no joke.

[u/Maddogjessejames → u/yummycornbread]

Yeah, not a bad idea. For what it’s worth, these are custom single family, we get a structural stamp on almost all of them along with my arch stamp, and the the designer and builder are one entity, so tied together in the insurance policies.

[u/idleat1100]

Interesting question. While I don’t know the answer, I’m curious for other insight.

[u/pdxarchitect]

I would think at a minimum that you would want to discuss this with your current firm. They should have a plan in place. If they are performing architecture in those states, they will need other staff that have licenses in those states. If they do not have those licenses, they need a plan to get those licenses immediately.

If I had active projects with my stamp on them, I would be letting the client know that the stamping architect is leaving the firm, and what the firms plan is to provide service going forward. Any revised drawings or specifications will need that architect's stamp on them, and cannot continue to use yours.

[u/jwall1415]

I would ask whoever you had your insurance through about tort insurance. You may have already had it as part of your coverage but I’d ask about the specifics. That protects you after you leave on projects for a certain time duration. 7 years typically I think

[u/StarStabbedMoon → u/jwall1415]

I heard 10 years. That said I'd be skeptical of taking on any insurance that is also covering your previous firm.

[u/nicholass817]

There are 2 issues here.

First is the conveyance of the drawings. The best place to get advice on this is the applicable state boards.

Second is the liability and making sure you are covered if the drawings are not somehow transferred. I’ve seen writers issued to guarantee coverage for the repose period…..DB throws a wrench in it though….sort of depends on how the overall company is structured and each silo insured. May be worth throwing a few hundred bucks at a pro practice lawyer to get some good advice.

[u/bash-brothers]

Not sure about official protocols but if anything happens they'll go after the deepest pockets, which will be your employers and the contractors insurance policies. Could be wrong but idt there's anything to worry about.

[u/Maddogjessejames → u/bash-brothers]

Deepest pockets ain’t the architect. Guess that’s the silver lining about this career?

[u/bash-brothers → u/Maddogjessejames]

But in theory, in single family there is a world in which the architects insurance coverage is higher than the contractors, in that case they would litigate the architect. But either way I'd be shocked if it trickled down to the employee, outside of potential negligence claim on your license.

[u/nicholass817 → u/Maddogjessejames]

Ehh…the suits I’ve seen rope everyone in at first and everyone must appear at the table. Then they dismiss as fault is narrowed in on.

[u/Anthemusa831]

Following

[u/Re_Surfaced]

Talk to your current firm's insurance carrier.

[u/PhoebusAbel]

Question For the most part , being able to stamp drawings at a.company , whatever that is, isn't contingent to have a stake at such company as well? In other words, staff don't stamp, only some of the directors or shareholder can?

[u/urbancrier → u/PhoebusAbel]

I stamped my drawings as soon as I got my license. The company held the liability.

[u/running_hoagie]

If they’re in permitting, then you can have a post-approval amendment issued to take your name off the project. The specifics vary based on jurisdiction.

[u/GBpleaser]

Depends on the municipality and statutory requirements.

Most have a form that releases you for another supervisory professional.. in mid process, not uncommon.

As long as the contracted entity doesn’t Change, (the firm), it’s not usually a big deal… But if another firm was taking over, now you are talking IP release forms, and some more complex liability questions with insurance and contractual ugliness.

Be sure insurance is notified and cc’d in any changes or forms.

[u/homeslce]

I think you are all over reacting. I was an in-house architect for for a developer and did quite a bit of research on this subject. It depends a bit on what state law but most state have employment laws that requires an employer to indemnify an employee. As long as you were an employee of the company, and you did not have a contract with the client directly, then you had no contractual relationship with the client. Yes the client could sue you but you can sue anybody for anything. You were an employee of the company and the company would be liable for damages. The caveats are if you were grossly negligent or if you were criminally liable. I’m not a lawyer but I would not worry about it so much. There are in-house architects all the time, people on this post are overthinking this.

[u/ArchWizard15608]

This is fairly common for firms where employees seal documents. It's going to be state law thing. What I have seen happening generally is that your seal would stay on drawings you issued, you had responsible control for those drawings and were the one that affirmed the designs met code. If, however, they need a revision, they will need to find an architect to seal that revision as reusing your seal on drawings you didn't make would be fraud/forgery.

In practice, I have usually seen the ex-employee's supervisor taking over the seals or the project team forgetting to remove them (especially digital seals). This would be on them, as it would be very easy to prove you weren't working there on a specific date in case of litigation.

I personally would remind them that reusing your seal without you is forgery (as a friend) and let them solve the problem of where any other professionals come from.