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Chapter 8
A number of approaches to this chapter can be useful in the classroom.
Discussion can be centered around Section 8.2 with its emphasis upon the more
controversial aspects of the licensing process. One way of dealing with this is to
take a trade, such as barbering or acting as a beautician, and seek to determine
the effect of licensing on that trade. The problem can be put from the vantage
point of a group of barbers who wish to give more professionalism to their craft
The Duncan case in Section 8.3C should provide for spirited class discussion.
Some students are likely to be hard on these engineers while others will think
that the sanction was too great in light of much sloppiness generally getting by.
The latter students are likely to conclude that the disastrous dimensions of this
tragedy were the reasons why these engineers had to take the “hit.”
Perhaps the most important issue for design professional licensing is Section
8.4E, discussing the responsibility of an architect or engineer who applies the
professional seal of another. Contrast that practice with the Duncan case, in
which the engineer delegated work to the steel fabricator, an unlicensed person.
It is also very important to highlight Section 8.4G, and the need for both the
individual and the business entity within which the individual practices to be
show that the legislatures want strictness but the courts often refuse to go along.
This tension between the legislature and courts leads to undue complexity.
The Stokes case provides ample fodder for class discussion. While the
impetus for the licensing laws is protection of owners, the owners in that case
1.) What licensure requirements do all states have for engineers?
2.) What were the key issues that led to the collapse of the skywalk in the Duncan v.
Missouri Board for Architects case?
3.) In the case Duncan v. Missouri Board for Architects the statutory provisions made it
clear that Missouri has established a stringent set of requirements for professional
engineers practicing in the state. What requirements were established for public
policy of the state for the protection of the public?
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and all documents connected therewith unless he specifically disclaims
responsibility for some document relating to or intended to be used for any
part of the engineering of the project.
4.) What are the two main categories of licensing laws and what does each entail?
5.) According to the case State v. Beck, what did the Maine Supreme Court state was the
principal difference between engineering and architecture?
6.) What are some of the factors that may provide statutory exemption for some
projects from needing a licensed architect to design and stamp the drawings?
7.) If a design professional is considering performing design services either in another
state or for a project that will be built in another state, what should that design
professional do?
8.) What are the licensing complications if a design professional practices in a business
organization other than a sole proprietorship?
9.) What is the principal sanction for the unlicensed practice of architecture,
engineering, or construction work?
10.) Which states currently license construction management as a separate
profession?
