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 36-18A and this article; and
(5) Design professionals perform construction administration on the projects.
Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:04, 38 SDR 121, effective January 16, 2012.
General Authority: SDCL 36-18A-22(5).
Law Implemented: SDCL 36-18A-47, 36-18A-48, 36-18A-49, 36-18A-51.
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