45:4B-8. Licensed architect; contracts for services; conditions
A sole proprietor or business association, which may by law render or offer to render engineering services shall enter into a contract with an owner to provide architectural and engineering services under the following conditions:
a. The contract with the owner is in writing and provides for a coordinated rendering of architectural and engineering services.
b. Architectural services shall be provided pursuant to a separate, written, independent subcontract which clearly delineates the responsibility of the licensed architect or business association and the contracting entity.
c. Any subcontract for the providing of architectural services pursuant to this act shall provide that:
(1) The licensed architect or business association shall render such services as an independent professional and not as an employee of a sole proprietor or business association which may by law provide or offer to provide engineering services.
(2) The licensed architect shall exercise independent professional judgment consistent with accepted standards of the practice of architecture with regard to the project as its circumstances may dictate.
d. A professional engineer may design any engineering additions to an architectural project.
e. Corporations subject to the requirements of subsection a. of section 7 of P.L.1989, c.276 (C.45:8-56) shall, in addition to the requirements provided therein, be subject to the following:
(1) At least two thirds of the directors shall be professional engineers; and
(2) A minimum of 20% of the shares shall be owned by professional engineers.
L.1989, c.277, s.8.
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