S.D. Admin. R. 20:38:37:04

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:38:37:04 - Combining architecture, engineering, and construction services

A business entity offering any combination of architectural and engineering services together with construction services such as design-build contracting may offer to render architectural and engineering services only if:

(1) An architect and professional engineer licensed in the state participates substantially in all material aspects of the offering;

(2) There is written disclosure at the time of the offering that the architect and professional engineer are engaged by and contractually responsible to the contractor, contractor as a joint venture, or owner/client;

(3) The architect and professional engineer will have direct supervision of the design work and that the professional services are not terminated without the consent of the owner/client;

(4) The rendering of architectural and engineering services by such professionals will conform to the provisions of SDCL chapter 36-18 A and this article; and

(5) Design professionals perform construction administration on the projects.

S.D. Admin. R. 20:38:37:04

26 SDR 9, effective 7/29/1999; 29 SDR 95, effective 1/6/2003; transferred from

General Authority: SDCL 36-18A-22(5).

Law Implemented: SDCL 36-18A-47, 36-18A-48, 36-18A-49, 36-18A-51.