An Architect or a person working under the Supervision and Control of an Architect shall conduct construction observation of the construction of a new building or the alteration or addition of an existing building which is subject to §1.211 of this title (relating to Privately Owned Buildings), §1.212 of this title (relating to Publicly Owned Buildings) and §1.214 of this title (relating to Institutional Residential Facilities). For purposes of this subchapter, "construction observation" means the administration of the portion of the construction contract described and documented in the architectural plans and specifications, including the following:

1. (1) reviewing each shop drawing, sample, and other submittal by a contractor or consultant;
2. (2) preparing or reviewing each change to an architectural plan or specification;

3. (3) visiting the construction site at intervals appropriate to the stage of construction to:

   1. (A) become generally familiar with and keep the client generally informed about the progress and quality of the portion of the construction completed;
   2. (B) make a reasonable effort to identify defects and deficiencies in the construction;
   3. (C) determine generally whether the construction is being performed in a manner indicating that the project, when fully completed, will be in accordance with the architectural plans and specifications; and
4. (4) in addition to any responsibilities under §1.216 of this title (relating to Other Professional Responsibilities), notifying the client in writing of any substantial deviation from the architectural plans and specifications that may prevent the building from being occupied or utilized for its intended use.

Source Note:The provisions of this §1.217 adopted to be effective July 5, 2004, 29 TexReg 6282; amended to be effective September 25, 2012, 37 TexReg 7482.