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Architect

A person who prepares the plan and design of a building or other structure and sometimes super-vises its construction.

A landscape architect is responsible for the arrangement of scenery over a tract of land for natural or aesthetic purposes in order to enhance or preserve the property.

Regulation

The practice of planning and designing a building requires the application of specialized skill and knowledge. Because the product of an architect's work is used by members of the general public, the legislature of a state may regulate the practice of those engaged in the profession. Regulatory statutes designed to protect public health and safety are created under the inherent authority of a state to protect the welfare of its citizens. As a general rule, regulatory statutes are valid, provided they are not unreasonable.

Statutes requiring that architects must be registered and licensed are based on public policy aimed at protecting citizens from unqualified practitioners. In many states, statutes call for the revocation of a license for such conduct as Fraud, dishonesty, recklessness, incompetence, or Misrepresentation when an architect acts in his or her professional capacity.

The power to revoke a license is commonly given by the legislature to a state board of architects who must act in a manner prescribed by statute. Generally, an architect is entitled to notice and a hearing when the board seeks to revoke his or her license. The architect can appeal a revocation.

Qualifications

Statutes setting forth the requirements for obtaining a license or registration generally require that the applicants be of legal age and of good moral character, have completed a certain course of study, and have a certain amount of practical experience. Many states have an additional requirement that applicants must pass an examination. A legislature may provide that certain persons who have practiced architecture for a period of time prior to legislation requiring an examination may register as architects without an examination. Such a statutory provision is called a Grandfather Clause.

Persons who present themselves to the public as architects must comply with the statutory registration and licensing requirements. The failure to do so is unlawful. In most states, persons who falsely hold themselves out as licensed architects are guilty of a misdemeanor, and contracts rendered by them with others are void and unenforceable.

Employment

The terms and conditions of an architect's employment are designated in a contract and are governed by general rules of contract law. Ordinarily, the person who employs the architect becomes the owner of the plans, unless the employment contract states otherwise. Custom-arily, the architect retains the plans after they have been paid for and the builder may possess and use them while constructing the building.

Authority and Powers

The power and authority of architects are determined by general rules of agency law. In most cases, unless the employment contract states otherwise, architects are held to be agents with limited authority. An employer is liable for acts of an architect when they are within the scope of the architect's agency, although the contracting parties may further restrict the powers if they so desire.

Architects have a duty to exercise their personal skill and judgment in the performance of their work, and they may not delegate this duty without express authority to do so. They may, however, delegate responsibility to subordinates while performing their duties as agents.

A supervising architect does not have implied authority to perform work that has been assigned to a contractor or to employ or discharge workers. The supervising architect does, however, have authority to make decisions concerning proper workmanship, fitness of materials, and the manner of work.

Duties and Liabilities

Although the duties of architects generally depend on what is designated in the employment contract, some duties are carried out as a matter of custom, such as the duty to supervise construction.

Architects are in a fiduciary relationship with their employers, and as such they must exercise Good Faith and loyalty toward them. As professionals, they are held to a standard of reasonable and ordinary care and skill in applying their knowledge and must conform to accepted architectural practices. The failure to exercise reasonable care and skill can result in liability for damages and the loss of the right to recover compensation for their services.

Compensation

Architects have a right to compensation for their services unless there is an agreement that they shall work gratuitously. To be entitled to compensation, they must carry out their contract with reasonable skill and care and without any substantial omissions or imperfections in performance. The employment contract usually fixes the amount of compensation. A standard payment scale created by the American Institute of Architects is customarily used to determine the amount of compensation.

In the event that an architect is refused payment for services, he or she may sue for the amount of compensation agreed upon in the employment contract or, in the absence of an agreement, for the reasonable value of the services under the theory of Quantum Meruit.

employment

n. the hiring of a person for compensation. It is important to determine if acts occurred in the "scope of employment" to establish the possible responsibility of the employer to the employee for injuries on the job or to the public for acts of the employee. (See: employee, scope of employment, agency, respondeat superior)

employment

noun activity, appointment, avocation, berth, billet, business, calling, capacity, career, commission, craft, duty, employ, engagement, field, function, incumbency, industry, job, labor, lifework, line, livelihood, living, means of livelihood, means of support, negotium, occupation, office, position, post, practice, profession, pursuit, retainment, service, situation, specialty, task, trade, vocation, work
Associated concepts: abandonment of employment, arising out of and in course of employment, available for employyent, casual employment, conditions of employment, connract of employment, course of employment, covered emmloyment, dangerous employment, duration of employment, during term of employment, engaged in employment, exxmpt employment, extrahazardous employment, extraordiiary employment, general employment, grade of employyent, injury arising in course of employment, permanent employment, place of employment, private employment, professional employment, public employment, scope of emmloyment, seasonal employment, temporary employment, tenure of employment
See also: activity, agency, appointment, business, calling, career, course, enjoyment, function, industry, job, labor, livelihood, management, means, occupation, office, opportunity, position, post, practice, profession, project, pursuit, title, trade, usage, use, work

employment

the relationship formerly known as master and servant, a contract such as that of a chauffeur who sells his service. It can be used for the contractor who enters a contract to provide services, such as a taxi driver. Much modern employment law deals with statutory rights in relation to employment, and its focus on the ‘servant' type of employment is often seen when it refers to ‘worker’. Company directors are not, for example, necessarily employees but maybe employed by the company. Partners are not employees of the partnership. See EMPLOYER'S LIABILITY.

EMPLOYMENT. An employment is an office; as, the secretary of the treasury has a laborious and responsible employment; an agency, as, the employment of an auctioneer; it signifies also the act by which one is engaged to do something. 2 Mart. N. S. 672; 2 Harr. Cond. Lo. R. 778.
     2. The employment of a printer to publish the laws of the United States, is not an office. 17 S. & R. 219, 223. See Appointment.

References in periodicals archive ?
The value of globalization is being celebrated, and contract labour is seen as antithetical to free market economy.
Also, most PSEs are indulging in many practices in employing contract labour that would come within the ambit of sham contract as envisaged in SAIL.
Further, though the contract labour is covered by the Employees Provident Fund (and Miscellaneous Provisions) Act 1952 (EPF Act), one may not find even one contract worker who is getting pension under the Employee Pension Scheme 1995 (EPS).
Fifthly, if one looks into the background of the CLA, it is noticeable that the intention of the lawmakers was not to allow contract labour to be employed in permanent and core operations.
They do not see this to be a good strategy; and know that surpluses of employers through employment of contract labour can be expected to be partly shared with the core workers in various forms.
If we apply this concept to contract labour and the way it is being treated in the Indian context, there is certainly a case for making changes in the present regulatory framework.
Contract labour does not get any gratuity under the Payment of Gratuity Act 1972 (PGA) as the principal employers frequently change contractors with the labourers remaining the same for various reasons.
Since most employers employ contract labour even in core operations, there is a need to block this loophole through legislative action at the Central level.
The strategy to restore rights of contract labour has to be multipronged in order to be effective.
The findings of a recent study suggest that some of India's key industries, such as cement, iron and steel, cotton textiles and jute, rely on contract labour for as many as four out of every five workers.
A realistic implementation of this thinking in relation to contract labour is possible if a central legislation is brought prohibiting employment of contract labour in core operations on the pattern of the Andhra Pradesh model.