1. (1) The architect or architectural firm shall always recognize the primary obligation is to protect the health, safety, and welfare of the public in the practice of architecture. If, in the architect's or architectural firm’s professional judgment, health, safety, and welfare may be endangered, the employer or client shall be so informed. The architect or architectural firm shall also notify involved building official(s) and the Board.

2. (2) An architect or architectural firm shall use a written contract when contracting to provide professional services to a client. That written contract is to be executed by the architect or architectural firm and the client, or his or her representative, prior to the architect or architectural firm commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract is to include, but not be limited to, all the following items:

   1. (a) A description of services to be provided by the architect or architectural firm to the client.
   2. (b) A description of any basis of compensation applicable to the contract and method of payment agreed upon by both parties.
   3. (c) The name, address, and registration number of the architect or architectural firm and the name and address of the client.

3. (3) 806-020-0020(2) shall not apply to any of the following:

   1. (a) Professional services rendered by an architect or architectural firm for which the client will not pay compensation.
   2. (b) If the client knowingly states in writing, after full disclosure of the requirements of this section, that a contract that complies with these requirements is not necessary.
   3. (c) Professional services rendered by an architect or architectural firm to a professional engineer registered to practice engineering.

Statutory/Other Authority

ORS 670.310, 671.050, 671.090, 671.100 & 671.125

Statutes/Other Implemented

ORS 671.010 – 671.220

History

BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
BAE 6-2005, f. & cert. ef. 12-13-05
BAE 7-2001, f. & cert. ef. 10-24-01
BAE 1-1999, f. & cert. ef. 3-25-99
AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
AE 1-1983, f. & ef. 1-12-83