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Bill Hype is an architect currently practicing in New Mexico. His nephew, Robert Star, has finished his Intern Development Program, but has been unable to pass any of the sections of the Architectural Registration Examination (ARE). Robert has asked Bill to take him on as an employee. Bill hires Robert to do project management and some of the drafting and design work in the office.
Star chooses to receive part of his pay from Hype’s company in the form of shares in the firm. Over a five-year period Star acquires thirty percent of the company’s stock and requests to be made a partner in the firm. Hype concedes to Star’s wishes. After another five years Star ends up owning the controlling shares of the company’s stock.
It becomes a standard practice within the firm to have Star sign all contracts with clients for architectural services. Eventually, Hype and Star have a falling out and Star buys all of Hill’s remaining stock and Hype disassociates himself with the company.
Star buys a large lot in a residential part of town. He designs a four-unit apartment building for the site and submits the plans to the permitting authority. After receiving his permit he builds the project. The apartments turn out to be a great income-generator so Star decides to build another four-unit structure on the same lot.
Star’s business continues to prosper and he decides to go into partnership with a friend, Lovitt, who is a registered civil engineer. Their new business will be called “Star & Lovitt Architecture & Engineering”. Their very first project under this new name is a commercial building. The construction value of the project is $395,000 and the occupant load is 48.
The employee that Star assigns to be the project manager for this new project is an ARE candidate in the process of completing the exam. This person refers to himself as an “intern architect” when dealing with new clients.


2.1 (a)

The Rules and Regulations of the NM Architectural Act have specific provisions that would not allow Star to act as a Project Manager.
True
False

2.1 (b)

Regarding Star’s stock acquisition and controlling interest, which of the following would be applicable:
There are no prohibitions in the NM Architectural Act Rules and Regulations to prevent Star from acquiring stock in Hype’s company.
In the case of practice through a partnership offering architectural services both of the partners must be architects.
In the case of a business entity offering architectural services these services may be offered if the registered architect in responsible charge of the activities has the authority to bind the entity by contract.
The business entity offering architectural services cannot issue any architectural plans, designs or drawings without the seal and signature of a registered architect in responsible charge.
The architect in responsible charge for architectural services for a business entity needs to provide the NM Board of Examiners for Architects with an affidavit documenting his/her authority.

2.2 (a)

Is it true that Hype is not in violation of the NM Architectural Act Rules and Regulations for allowing Star to sign contracts with clients for architectural services?
Yes
No

2.2 (b)

As long as Star owns all of the company’s stock he may continue to use the company’s name and to offer architectural services.
True
False

2.3 (a)

In regards to the four-unit apartment Star built, which of the following applies:
No, Star may not design the unit and is in violation of the Act
Yes, Star can build the project as long as he has either an engineer’s or an architect’s seal on the project before he obtains a building permit.
No, Star cannot build another four-unit apartment on the same lot.

2.3 (b)

The first project Star and Lovitt undertake is a commercial building. Which of the following apply to this project:
Yes, Lovitt may seal the project as long as the construction value is under $400,000 and the occupant is less than 50.
Yes, Star may associate with Lovitt as long as he refers to himself as a "consulting associate architect".
Yes, Star is in violation of the Act for listing his business under "Architects" in the Yellow Pages.

2.4 (a)

The ARE candidate must complete the exam before assuming the responsibilities of a project manager.
True
False

2.4 (b)

The Act does not allow for the use of the term, "intern architect".
True
False

2.5 (a)

If Star had used Hype’s architect’s seal, without Hype’s knowledge, to stamp drawings that Star had done, Hype would still have been guilty of committing a felony under the Act for not keeping a vigilant watch over the use of his seal.
True
False

2.5 (b)

If Star, as a non-registrant, had implied to the public that he was an architect he would be in violation of civil law and not subject to any form of prosecution by the NM Board of Examiners for Architects.
True
False
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