21 NCAC 02 .0212             INDEPENDENT JUDGMENT AND DISCLOSURE

(a)  When acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.

(b)  If, in the course of his work on a project, an architect becomes aware of a decision taken by his employer or client, against the architect's advice, which violates applicable state or municipal building laws and regulations and which will, in the architect's judgment, materially affect adversely the safety to the public of the finished project, the architect shall:

(1)        report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations;

(2)        refuse to consent to the decision;

(3)        in circumstances where the architect reasonably believes that other such decisions will be taken notwithstanding his objection, terminate his services with reference to the project; and

(4)        in the case of termination in accordance with clause in Subparagraph (b)(3) of this Rule, the architect shall have no liability to his client or employer on account of such termination.

(c)  If an architect has any business association or direct or indirect financial interest which is substantial enough to influence his judgment in connection with the performance of professional services, the architect shall fully disclose in writing to his client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment.

(d)  An architect making public statements on architectural questions shall disclose when he is being compensated for making such statements.

 

History Note:        Authority G.S. 83A‑6; 83A‑16; 83A‑17;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. June 1, 1995; May 1, 1989; November 1, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.