AB 1489: Architects Practice Act.

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Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architecture. Under existing law, a licensed architect who signs and stamps plans, specifications, reports, or documents is not responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, as provided.

This bill would additionally provide that a licensed architect is not responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents.

The act explicitly states that a legal duty is not imposed upon an architect who signs and stamps plans, specifications, reports, or documents which relate to the design of fixed works to observe the construction of those fixed works. The law, however, permits the architect to agree with the client to provide construction observation services, which is defined to mean the periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. Under existing law, construction observation services does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.

This bill would provide that construction observation services also does not mean inspection, or determining or defining means or methods.

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The people of the State of California do enact as follows:SECTION 1.Section 5536.25 of the Business and Professions Code is amended to read:5536.25.

(a)A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.

(b)The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.

(c)Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.

For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement.

Date	Status
Feb 1, 2018	From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Jan 31, 2018	Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
Mar 16, 2017	Referred to Com. on B. & P.
Feb 19, 2017	From printer. May be heard in committee March 21.
Feb 17, 2017	Read first time. To print.

Authors shown for version:
Introduced (2/17/2017)