If, pursuant to Section 1.211, Section 1.212, or Section 1.214, an Architect must prepare or supervise and control the preparation of the architectural plans and specifications for a new building or the alteration of or an addition to an existing building, construction observation for the project shall be conducted by an Architect or by a person working under the Supervision and Control of an Architect. 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 Section 1.216, 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.