A business entity offering any combination of architectural and engineering services together with construction services such as design-build contracting may offer to render architectural and engineering services only if:

1. (1) An architect and professional engineer licensed in the state participates substantially in all material aspects of the offering;
2. (2) There is written disclosure at the time of the offering that the architect and professional engineer are engaged by and contractually responsible to the contractor, contractor as a joint venture, or owner/client;
3. (3) The architect and professional engineer will have direct supervision of the design work and that the professional services are not terminated without the consent of the owner/client;
4. (4) The rendering of architectural and engineering services by such professionals will conform to the provisions of SDCL chapter 36-18A and this article; and
5. (5) Design professionals perform construction administration on the projects.

Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:04, 38 SDR 121, effective January 16, 2012.

General Authority: SDCL 36-18A-22(5).

Law Implemented: SDCL 36-18A-47 , 36-18A-48 , 36-18A-49 , 36-18A-51.