Construction Eng 380 Registration and Licensing

Control of titles and government certification of qualifications State level activity, although many states are using national standardized tests In Iowa, different “professional” categories exist:

Registration and Licensing Authorized under the public welfare powers of the states Attempt to protect and assure the public that providers of professional services are qualified and have knowledge required to perform adequately Organizations can use licensing to control supply and therefore drive up costs

Registration and Licensing Denial of livelihood claims are hard to prove, especially in self-regulated industry Types of certifications continue to grow- –P.E –DBP –PMP –CCM

Registration and Licensing Administered by governmental agency with quasi-judicial and legislative powers. A kind of hybrid-level governmental body designed to promote efficient delivery Admission to practice –Usually some level of education –Followed by some years of experience –Then minimum competency on an exam –And then some continuing education for renewal

Registration and Licensing Architects and engineers- almost all states require licensure to practice Contractors- about half the state require corporate licensure (not individual) Holding out statutes- must be registered to use the title Practicing as- if you act like an architect, you are considered one whether you use the title or not.

Registration and Licensing Statutory exemptions –Amount of contract (may not need a registered architect to design your house) –Cost of phase under design (may not need a registered architect to design the sanctuary of a church) –Size of project (usually a square foot limit)

Registration and Licensing Sometimes the corporation must be licensed separately since it is a separate legal entity Standardized exams and reciprocity agreements allow for multi-state practices Violation of licensing laws is considered criminal (versus civil ) infraction, although the judgments are usually more like civil remedies (not fine and prison)

Registration and Licensing Civil sanctions do apply to licensed contractors Most state registration agencies have a forum for public complaint and reports Moonlighter laws and professional liability riders The case of design-build companies under corporate form