Landcsape Architect Liability Law

Landcsape Architect Liability Law

Landscape Architect Liability Law
The lability law stresses that a​ person who wishes to​ be registered as​ a​ landscape architect must complete at​ least 18 years and should have a​ moral character .​
He\she needs to​ have passed a​ specified exam and must have obtained a​ professional degree in​ Landscape architecture .​
He\she must complete any of​ the​ following criteria to​ get legal registration to​ practice as​ a​ landscape architect:
* Complete at​ least 3 years of​ practical experience in​ an​ office or​ under a​ registered landscape architect.
* Complete specified type of​ internship which is​ accepted by the​ state board of​ landscape architect examiners.
Now there is​ an​ amendment in​ the​ law that the​ applicant who selects the​ first criteria requires to​ complete 3 years of​ practical experience in​ an​ office and under the​ registered landscape architect.
The landscape liability law specifies that certificate of​ authorization to​ offer landscape architecture services can be issued to​ the​ corporation only when the​ persons owning 50% of​ shares in​ that corporation and more than 50% of​ interests in​ the​ corporation are professional engineers,​ surveyors and landscape architects .​
The landscape architect liability law allows the​ state board of​ landscape architects to​ establish fee to​ cover the​ cost for checks and other instruments returned by financial institutions due to​ insufficiency of​ funds.
The law eliminates the​ requirement that the​ board hold examinations for applicants to​ practice as​ a​ landscape architecture not less than once annually .​
It also eliminates the​ requirement to​ include architect’s place of​ business on​ the​ architect’s certificate of​ qualification .​

The Bambi theory of​ liability was originated in​ New Jersey which specifies that the​ landscape architects were liable to​ recoup the​ cost of​ landscaping lost to​ the​ most voracious herbivore,​ white tailed deer .​
This theory stresses that the​ landscape architect have a​ duty to​ advice their clients that deer are more likely to​ consume the​ expensive planting they specify to​ be planted on​ vast areas.
If the​ landscape architect fails to​ advice the​ client about this,​ the​ client can then have the​ right to​ recover the​ cost of​ landscaping lost .​
However this theory is​ not accepted by many people especially by the​ landscape architects and their lawyers .​
Hence a​ contract clause is​ included in​ this theory of​ liability.
The new landscape architect liability law specifies that as​ no plant is​ deer proof,​ the​ landscape architect is​ not liable to​ repay the​ owner the​ cost of​ landscaping lost due to​ deer damage .​
However the​ landscape architect would need to​ provide the​ list of​ landscape plants which are rated as​ resistance to​ deer damage .​
This helps the​ landscape architect prevent himself from any of​ the​ legal actions .​
The landscape architect liability law suggests some professional liability of​ a​ landscape architect .​
Since a​ small omission or​ error can bring a​ legal action against the​ landscape architect,​ he\she needs to​ follow the​ professional liability strictly.
In fact the​ actual responsibility of​ a​ landscape architect is​ to​ preserve the​ natural resources and to​ design and plan for environmentally friendly projects .​
The landscape architect therefore requires fulfilling his responsibility as​ per the​ law .​

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