§ 5616. — 5616. (Amended by Stats. 2020, Ch. 370, Sec. 7.)

California § 5616.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 3.: DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY
• Ch. 3.5.: CHAPTER 3.5. Landscape Architecture
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
A landscape architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the landscape architect and the client, or their representatives, prior to the landscape architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)
A description of the project for which the client is seeking services.
(2)
A description of the services to be provided by the landscape architect to the client.
(3)
A description of any basis of compensation applicable to the contract, including the total price that is required to complete the contract, and the method of payment agreed upon by both parties.
(4)
A statement in at least 12-point type that reads:
“Landscape architects are licensed by the Landscape Architects Technical Committee located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.”
(5)
The name, address, and license number of the landscape architect, the name and address of the client, and project address.
(6)
A description of the procedure that the landscape architect and client will use to accommodate additional services.
(7)
A description of the procedure to be used by either
party to terminate the contract.
(8)
A description of the procedure that the landscape architect and the client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation, total price, and method of payment.
(9)
A statement identifying the ownership and use of instruments of service prepared by the landscape architect.
(b)
This section does not apply to any of the following:
(1)
Professional services rendered by a landscape architect for which the client will not pay compensation.
(2)
An arrangement as to the basis for compensation and manner of providing
professional services implied by the fact that the landscape architect’s services are of the same general kind that the landscape architect has previously rendered to, and received payment from, the same client.
(3)
If the client states in writing after full disclosure of this section that a written contract is not required.
(4)
Professional services rendered by a landscape architect to any of the following:
(A)
A landscape architect licensed under this chapter.
(B)
An architect licensed under Chapter 3 (commencing with Section 5500).
(C)
A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(D)
A
contractor licensed under Chapter 9 (commencing with Section 7000).
(E)
A geologist or geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)
A professional land surveyor licensed under Chapter 15 (commencing with Section 8700).
(G)
A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with, or incidental to, the products, systems, or services of that corporation or its affiliates.
(H)
A public agency when using that public agency’s written contract.
(c)
As used in this section, “written contract” includes a contract that is in electronic
form.

Legislative History

Amended by Stats. 2020, Ch. 370, Sec. 7. (SB 1371) Effective January 1, 2021.