No contract required, if no compensation

No contract required, if no compensation

Postby rothko67 » Sat Sep 27, 2014 9:57 pm

According to the Architects Practice Act, Section 5536.22 Written Contract, it says a contract isn't required when professional services are rendered when the client will not pay compensation.

Beyond doing pro-bono work for a non-profit, or for the good of the community, when would you do work for free? And, if doing pro bono work, wouldn't you use a AIA B106 (Standard Form of Agreement Between Owner and Architect for Pro Bono...)? Otherwise, who would you be doing free work for? I've always been under the impression that it was unethical for architects to offer to do work for no compensation. Isn't it unprofessional?
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Re: No contract required, if no compensation

Postby Coach » Sat Sep 27, 2014 10:06 pm

Family, friends, competitions.
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Re: No contract required, if no compensation

Postby rothko67 » Sat Sep 27, 2014 10:37 pm

Family and friends can still sue you, and competitions typically aren't for a client.. I find it a bit weird that this clause is actually in California Business and Professions Code, and would condone working for free.
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Re: No contract required, if no compensation

Postby Coach » Sat Sep 27, 2014 10:44 pm

rothko67 wrote:Family and friends can still sue you,

Sure. And the APC doesn't say you must work without a contract if you're not compensated.

and competitions typically aren't for a client.

Semantics.

I find it a bit weird that this clause is actually in California Business and Professions Code, and would condone working for free.

Why? They aren't condoning anything. The law is simply providing an exception for us to use as we please, if we please, and when we please.

Do you realize that the written contract requirement has only existed since 1996?
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Re: No contract required, if no compensation

Postby rothko67 » Mon Sep 29, 2014 10:41 am

Do you realize that the written contract requirement has only existed since 1996?

Can you elaborate more on this? Do you mean in California, the US? Hasn't the AIA been providing standard contracts for much longer than that?
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Re: No contract required, if no compensation

Postby Coach » Mon Sep 29, 2014 11:26 am

rothko67 wrote:Can you elaborate more on this? Do you mean in California, the US?

California.

Hasn't the AIA been providing standard contracts for much longer than that?

Of course, but a written contract was not required in California prior to 1996.
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