TITLE 43 PROFESSIONS AND BUSINESSES

Section 4. Architects, 43-4-1 through 43-4-37.

ARTICLE 1 GENERAL PROVISIONS

43-4-10. Compliance with requirements of article; practice of architecture by firms, sole proprietorships, partnerships, and corporations.

Except as otherwise provided in this article, no person shall practice architecture in this state or use the title "architect" or "registered architect" or any word, letter, figure, or any other device indicating or intending to imply that he or she is an architect unless he or she holds a current registration as an architect in this state.
No firm, sole proprietorship, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, sole proprietorships, partnerships, limited liability companies, and corporations may practice architecture, as defined by this article, and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the responsible control of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership, or who is a member, in the case of a limited liability company, or who is an employee with an ownership interest who has been designated in writing as holding a position of authority within the firm which authorizes him or her to direct the architectural services offered by that firm; and provided, further, that the administration of construction contracts shall be under the responsible control of such registered architect and that such plans, drawings, and specifications shall be prepared under the responsible control of such registered architect and bear the architect's individual signature and seal.

(Ga. L. 1919, p. 125, § 21; Code 1933, § 84-302; Ga. L. 1952, p. 457, § 2; Ga. L. 1955, p. 602, § 1; Ga. L. 1974, p. 162, § 2; Ga. L. 1992, p. 3318, § 1; Ga. L. 1993, p. 123, § 17; Ga. L. 2000, p. 1527, § 1.)

Cross references.

- False or fraudulent advertising, § 10-1-420 et seq.

Professional corporations generally, T. 14, C. 7.

Administrative Rules and Regulations.

- Registration to practice under title of architect, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-2.

Firms, partnerships, corporations - proper names - architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-3.

JUDICIAL DECISIONS

Restriction applies only to natural persons.

- Word "person" as used in this section was modified by the pronoun "he" which restricts the meaning of the word as used in the law and which compels the construction that the word "person" used in its context means natural persons only. Folsom v. Summer, Locatell & Co., 90 Ga. App. 696, 83 S.E.2d 855 (1954) (see O.C.G.A. § 43-4-10).

There is no prohibition against corporation using title "architects and engineers" in the corporation's contracts. Folsom v. Summer, Locatell & Co., 90 Ga. App. 696, 83 S.E.2d 855 (1954).

Contract for architectural services by nonarchitect void.

- It is forbidden for any individual or any firm no member of which is an architect to enter into a contract for performance of architectural services, and such contracts are void. Boroughs, Dale & Griffin v. St. Elias E. Orthodox Church, 120 Ga. App. 434, 170 S.E.2d 865 (1969).

Joint contract when only one of three is unlicensed not void.

- Contracts to perform architectural services on part of one or more persons none of whom is a licensed architect are void, but fact that one of three people jointly agreeing to perform such services is not licensed, the others being properly registered as architects, will not void contract when no fraud or deception is practiced. Boroughs, Dale & Griffin v. St. Elias E. Orthodox Church, 120 Ga. App. 434, 170 S.E.2d 865 (1969).

Cities cannot tax certified architects employed by principals responsible for final design decisions.

- City cannot tax engineers and architects pursuant to Ga. L. 1953, Jan.-Feb. Sess., p. 207, § 1 (see now O.C.G.A. § 48-13-5) who, although the engineers and architects hold certificates, work as employees in firms in which principals who were responsible for final design decisions hold certificates. City of Atlanta v. Georgia Soc'y of Professional Eng'rs, 220 Ga. 62, 137 S.E.2d 41 (1964).

Liability for malpractice.

- Fact that an architectural firm is not a professional corporation does not mean it is incapable of committing and being liable for professional malpractice by and through its individual agents. Under former O.C.G.A. § 43-4-10(c), a corporation may not be registered to practice architecture but may practice only through registered individuals. Housing Auth. v. Gilpin & Bazemore/Architects & Planners, Inc., 191 Ga. App. 400, 381 S.E.2d 550, appeal dismissed, Housing Auth. v. Greene, 259 Ga. 435, 383 S.E.2d 867 (1989).

OPINIONS OF THE ATTORNEY GENERAL

Local officials may issue building permit without architect's signature on documents.

- Former Code 1933, § 84-9903 (see now O.C.G.A. § 43-4-17) placed no obligation upon county or municipal building officials to accept only those construction documents which are properly signed and sealed by an architect or engineer before issuing a permit. 1977 Op. Att'y Gen. No. 77-31.

RESEARCH REFERENCES

ALR.

- Responsibility of one acting as architect for defects or insufficiency of work attributable to plans, 25 A.L.R.2d 1085.

Practice of architecture by corporation, 56 A.L.R.2d 726.

Syfert Injury Law Firm

2018 Georgia Code 43-4-10 | Car Wreck Lawyer