We wrote in December about some new laws you should know, and want to remind you of two important ones, in case you missed our earlier article.
Employee or Independent Contractor
A very significant new California law went into effect on January 1, 2020 regarding who can be an employee or an independent contractor. It is now more difficult for a business to designate a worker as an independent contractor, but there is a different, easier standard if the worker is a licensed architect.
The law firm of Collins Collins Muir + Stewart prepared a paper to help explain the new law for architects and architectural firms. You can find that paper here: https://aiacalifornia.org/employee-or-independent-contractor/
Written Contract Language
The information that is required to be included in contracts with your clients has changed. The new law, effective January 1, 2020, requires the following information to be included in your contracts.
- The address of the project
- A description of the procedure that the architect and client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment
- A statement identifying the ownership and use of instruments of service prepared by the architect
- A statement in at least 12-point type that reads “Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.”
The new law also states that the above contract provisions, and the other requirements enumerated in Business and Professions Code Section 5536.22 do not apply to architect is providing services to a public agency when using that public agency’s written contract.
There Still is Time to Let the White House Know
The White House is considering designating “classical” architecture as the preferred style for federal buildings. AIA has been working on this issue for a couple of months, and recently announced its strong opposition to this “top-down directive on architectural style” stating “all architectural styles have value and all communities have the right to weigh in on the government buildings meant to serve them.”
AIA is asking Members to send an email to President Donald Trump to support AIA’s position “that design decisions should be left to the designer and the community, not bureaucrats in Washington, DC.” This is an opportunity for Members to let their voices be heard and will strengthen the effort of AIA on this important issue. If you have not done so yet, there still is time.