California Architects Must Use Contracts

Effective January 1, 1996, the Architects Practice Act, part of the California Business and Professions Code, includes a section requiring architects practicing in California to use written contracts when providing professional services to clients. According to the new law (AB 969):

1. The contract must be executed by both the architect and the client before the architect begins work, unless the client agrees to the contrary in writing.
2. The written contract must include:
   • A description of the services to be provided by the architect.
   • A description of the basis of compensation and method of payment.
   • The name, address and license number of the architect.
   • The name and address of the client.
   • A description of the procedure to be used by either party to accommodate additional services.
   • A description of the procedure to be used by either party to terminate the contract by either party.

There are several instances in which the new statute does not apply. Written contracts are not needed when:

1. Services are rendered for which the client will not pay compensation.
2. The services are of the same general kind that the architect has previously rendered to the client.
3. The client states in writing that a written contract complying with AB 969 is not required.
4. The architect’s services are rendered to a registered engineer or land surveyor.

Consult with your attorney when drafting written contracts. XL Design Professional’s The Contract Guide can be valuable resources as well.