OAR 806-010-0078: Construction Contractor Offering Architectural Services

(1) For purposes of this rule, the following definitions apply: (a) "Offering services" means manifesting a willingness to provide architectural services, either orally or in writing, such that another person may reasonably believe that their assent to the services is invited and will establish an agreement. (b) "Appurtenant" services are those services that relate to the construction trade, which include constructing, altering, repairing, or improving real estate. (2) The architect and architectural firm registration requirements under ORS 671.010 to 671.220 do not prevent a construction contractor from offering services constituting the practice of architecture if the construction contractor meets all the following conditions: (a) The construction contractor holds an active contractors’ license under ORS Chapter 701; (b) The services offered by the construction contractor, constituting the practice of architecture, are appurtenant to construction services to be provided by the construction contractor; (c) The services constituting the practice of architecture are performed by an architect or architects registered under ORS 671.010 to 671.220; and (d) The offer by the construction contractor identifies in writing the architect or architectural firm that will perform the services constituting the practice of architecture. (3) For the purposes of meeting the requirements of OAR 806-010-0075(2), the primary contract or agreement to provide architectural services for such an architectural project may be between the construction contractor and the architect or architectural firm providing architectural services. (4) An architect performing or identified as an architect that will perform the services constituting the practice of architecture as provided in subsection (2) of this rule must notify the Board, in writing, within 30 days if, after the construction contractor is retained by the owner, the architect ceases to provide the architectural services identified in the offer by the construction contractor. (5) Construction contractors that offer or provide services in violation of any portion of this rule may be subject, under ORS 671.220, to sanctions and civil penalties of up to $5,000 per violation.