Construction Eng 380
Registration and Licensing
Registration and Licensing
• Control of titles and government
certification of qualifications
• State level activity, although many states
are using national standardized tests
• In Iowa, different “professional” categories
exist:
http://www.state.ia.us/government/com/prof/
Registration and Licensing
• Authorized under the public welfare
powers of the states
• Attempt to protect and assure the public
that providers of professional services are
qualified and have knowledge required to
perform adequately
• Organizations can use licensing to control
supply and therefore drive up costs
Registration and Licensing
• Denial of livelihood claims are hard to
prove, especially in self-regulated industry
• Types of certifications continue to grow– P.E
– DBP
– PMP
– CCM
Registration and Licensing
• Administered by governmental agency with
quasi-judicial and legislative powers. A kind of
hybrid-level governmental body designed to
promote efficient delivery
• Admission to practice
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Usually some level of education
Followed by some years of experience
Then minimum competency on an exam
And then some continuing education for renewal
Registration and Licensing
• Architects and engineers- almost all states
require licensure to practice
• Contractors- about half the state require
corporate licensure (not individual)
• Holding out statutes- must be registered to
use the title
• Practicing as- if you act like an architect,
you are considered one whether you use
the title or not.
Registration and Licensing
• Statutory exemptions
– Amount of contract (may not need a
registered architect to design your house)
– Cost of phase under design (may not need a
registered architect to design the sanctuary of
a church)
– Size of project (usually a square foot limit)
Registration and Licensing
• Sometimes the corporation must be
licensed separately since it is a separate
legal entity
• Standardized exams and reciprocity
agreements allow for multi-state practices
• Violation of licensing laws is considered
criminal (versus civil ) infraction, although
the judgments are usually more like civil
remedies (not fine and prison)
Registration and Licensing
• Civil sanctions do apply to licensed
contractors
• Most state registration agencies have a
forum for public complaint and reports
• Moonlighter laws and professional liability
riders
• The case of design-build companies under
corporate form