CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 608Introduced by Senator GlazerFebruary 22, 2019 An act to amend Section 5536.22 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 608, as introduced, Glazer. Architects: contracts.Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architects. Under existing law, an architect is required to use a written contract when contracting to provide professional services, as specified. Existing law requires that the contract include, among other things, a description of services to be provided and a description of the procedure to be used to accommodate additional services.This bill would require the written contract to also include a description of the project, a description of the procedure that will be used to accommodate contract changes, the project address, a statement identifying the ownership and use of instruments of service prepared by the architect, and a statement notifying the client that the architect is licensed and regulated by the board. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5536.22 of the Business and Professions Code is amended to read:5536.22. (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her the clients representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:(1) A description of the project for which the client is seeking services. (1)(2) A description of the services to be provided by the architect to the client.(2)(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.(3)(4) The name, address, and license number of the architect and architect, the name and address of the client. client, and the project address.(4)(5) A description of the procedure that the architect and the client will use to accommodate additional services. 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.(5)(6) A description of the procedure to be used by either party to terminate the contract.(7) A statement identifying the ownership and use of instruments of service prepared by the architect.(8) A statement in at least 12-point type notifying the client that the architect is licensed and regulated by the board.(b) This section shall not apply to any of the following:(1) Professional services rendered by an architect for which the client will not pay compensation.(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architects services are of the same general kind which the architect has previously rendered to and received payment from the same client.(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 608Introduced by Senator GlazerFebruary 22, 2019 An act to amend Section 5536.22 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 608, as introduced, Glazer. Architects: contracts.Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architects. Under existing law, an architect is required to use a written contract when contracting to provide professional services, as specified. Existing law requires that the contract include, among other things, a description of services to be provided and a description of the procedure to be used to accommodate additional services.This bill would require the written contract to also include a description of the project, a description of the procedure that will be used to accommodate contract changes, the project address, a statement identifying the ownership and use of instruments of service prepared by the architect, and a statement notifying the client that the architect is licensed and regulated by the board. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 608
Introduced by Senator GlazerFebruary 22, 2019
Introduced by Senator Glazer
February 22, 2019
An act to amend Section 5536.22 of the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 608, as introduced, Glazer. Architects: contracts.
Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architects. Under existing law, an architect is required to use a written contract when contracting to provide professional services, as specified. Existing law requires that the contract include, among other things, a description of services to be provided and a description of the procedure to be used to accommodate additional services.This bill would require the written contract to also include a description of the project, a description of the procedure that will be used to accommodate contract changes, the project address, a statement identifying the ownership and use of instruments of service prepared by the architect, and a statement notifying the client that the architect is licensed and regulated by the board.
Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architects. Under existing law, an architect is required to use a written contract when contracting to provide professional services, as specified. Existing law requires that the contract include, among other things, a description of services to be provided and a description of the procedure to be used to accommodate additional services.
This bill would require the written contract to also include a description of the project, a description of the procedure that will be used to accommodate contract changes, the project address, a statement identifying the ownership and use of instruments of service prepared by the architect, and a statement notifying the client that the architect is licensed and regulated by the board.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5536.22 of the Business and Professions Code is amended to read:5536.22. (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her the clients representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:(1) A description of the project for which the client is seeking services. (1)(2) A description of the services to be provided by the architect to the client.(2)(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.(3)(4) The name, address, and license number of the architect and architect, the name and address of the client. client, and the project address.(4)(5) A description of the procedure that the architect and the client will use to accommodate additional services. 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.(5)(6) A description of the procedure to be used by either party to terminate the contract.(7) A statement identifying the ownership and use of instruments of service prepared by the architect.(8) A statement in at least 12-point type notifying the client that the architect is licensed and regulated by the board.(b) This section shall not apply to any of the following:(1) Professional services rendered by an architect for which the client will not pay compensation.(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architects services are of the same general kind which the architect has previously rendered to and received payment from the same client.(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5536.22 of the Business and Professions Code is amended to read:5536.22. (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her the clients representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:(1) A description of the project for which the client is seeking services. (1)(2) A description of the services to be provided by the architect to the client.(2)(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.(3)(4) The name, address, and license number of the architect and architect, the name and address of the client. client, and the project address.(4)(5) A description of the procedure that the architect and the client will use to accommodate additional services. 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.(5)(6) A description of the procedure to be used by either party to terminate the contract.(7) A statement identifying the ownership and use of instruments of service prepared by the architect.(8) A statement in at least 12-point type notifying the client that the architect is licensed and regulated by the board.(b) This section shall not apply to any of the following:(1) Professional services rendered by an architect for which the client will not pay compensation.(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architects services are of the same general kind which the architect has previously rendered to and received payment from the same client.(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
SECTION 1. Section 5536.22 of the Business and Professions Code is amended to read:
### SECTION 1.
5536.22. (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her the clients representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:(1) A description of the project for which the client is seeking services. (1)(2) A description of the services to be provided by the architect to the client.(2)(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.(3)(4) The name, address, and license number of the architect and architect, the name and address of the client. client, and the project address.(4)(5) A description of the procedure that the architect and the client will use to accommodate additional services. 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.(5)(6) A description of the procedure to be used by either party to terminate the contract.(7) A statement identifying the ownership and use of instruments of service prepared by the architect.(8) A statement in at least 12-point type notifying the client that the architect is licensed and regulated by the board.(b) This section shall not apply to any of the following:(1) Professional services rendered by an architect for which the client will not pay compensation.(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architects services are of the same general kind which the architect has previously rendered to and received payment from the same client.(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
5536.22. (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her the clients representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:(1) A description of the project for which the client is seeking services. (1)(2) A description of the services to be provided by the architect to the client.(2)(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.(3)(4) The name, address, and license number of the architect and architect, the name and address of the client. client, and the project address.(4)(5) A description of the procedure that the architect and the client will use to accommodate additional services. 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.(5)(6) A description of the procedure to be used by either party to terminate the contract.(7) A statement identifying the ownership and use of instruments of service prepared by the architect.(8) A statement in at least 12-point type notifying the client that the architect is licensed and regulated by the board.(b) This section shall not apply to any of the following:(1) Professional services rendered by an architect for which the client will not pay compensation.(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architects services are of the same general kind which the architect has previously rendered to and received payment from the same client.(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
5536.22. (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her the clients representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:(1) A description of the project for which the client is seeking services. (1)(2) A description of the services to be provided by the architect to the client.(2)(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.(3)(4) The name, address, and license number of the architect and architect, the name and address of the client. client, and the project address.(4)(5) A description of the procedure that the architect and the client will use to accommodate additional services. 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.(5)(6) A description of the procedure to be used by either party to terminate the contract.(7) A statement identifying the ownership and use of instruments of service prepared by the architect.(8) A statement in at least 12-point type notifying the client that the architect is licensed and regulated by the board.(b) This section shall not apply to any of the following:(1) Professional services rendered by an architect for which the client will not pay compensation.(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architects services are of the same general kind which the architect has previously rendered to and received payment from the same client.(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
5536.22. (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her the clients representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:
(1) A description of the project for which the client is seeking services.
(1)
(2) A description of the services to be provided by the architect to the client.
(2)
(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.
(3)
(4) The name, address, and license number of the architect and architect, the name and address of the client. client, and the project address.
(4)
(5) A description of the procedure that the architect and the client will use to accommodate additional services. 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.
(5)
(6) A description of the procedure to be used by either party to terminate the contract.
(7) A statement identifying the ownership and use of instruments of service prepared by the architect.
(8) A statement in at least 12-point type notifying the client that the architect is licensed and regulated by the board.
(b) This section shall not apply to any of the following:
(1) Professional services rendered by an architect for which the client will not pay compensation.
(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architects services are of the same general kind which the architect has previously rendered to and received payment from the same client.
(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.
(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).