Cal Licensure…Liability

Good Question. I have the same question.

Legally, the really short answer is going to be ‘everyone’.  It could get fairly complex, but the company, the LA, and anyone with oversight to the LA could be named individually and collectively in a lawsuit.  And they may have to fight it individually or as a group.  Assuming the company is carrying the required liability insurance the policy will spell out who is covered and how, and it’s entirely possible that an LA would NOT be covered because of company structure.

Professionally, whoever stamped is where the liability lies and who is on the line.  By doing so the person attested they reviewed everything and that it was acceptable enough to them to take responsibility for it.  Complaints and problems will be registered against that license, and it is that person’s license that would be revoked if it came down to it.

The way I read California’s practice act, it doesn’t appear that a landscape architect needs to be a principal for the firm to practice there. I’m aware of at least two states (Florida, Kansas) that do. If you are licensed in multiple states and the company expects you to seal drawings in those states, be sure to check the respective laws.

the firm isn’t a landscape architecture firm if the owners/principals are not landscape architects. 

the firm isn’t allowed to do any work in the profession of landscape architecture.

schematic plans landscape plans for private residential projects (without call-outs) and planting plans (without specifications) are the only drawings that the firm is allowed to produce legally.

if the firm is relying on your license to take the landscape architecture title and to practice landscape architecture beyond the things I’ve noted above – then you might want to discuss a partnership with your employers. If the firm is not relying on your license and is doing work beyond that which is noted above – then the company may be construed to be representing itself to the public in a fraudulent manner.

assuming that the contract is arranged between the client and the firm – as an employee you should not be held liable. However if the company is blatantly committing fraud and you are aware of this, your position as an innocent employee may undermine your position in court.

anyone can be sued. i would recommend either asking for partnership, or never stamping drawings. and make sure your company insures you properly…

you may want to contact the sf bar lawyer referral and information services to ask your questions to an attorney with expertise in this area – the fee for a 30 minute consultation is just $35…

best wishes…