Design-Build Architects and Engineers must secure a license from PCAB before engaging in the “build” portion of Design-Build. This clarification was given by PCAB Chairman, Engr. Ramon Allado, after a question was posed via the PCA Metropolitan website by a group of architects. The contention was made that that the exemption contained in Section 14 of RA 4566 is applicable to Design-Build as Design-Build is seen as part of the practicing of the architecture profession. Section 14 provides as follows: “This Act shall not apply to a registered civil engineer or a licensed architect acting solely in his professional capacity“. Engr. Allado responded as follows:
“First of all there is no conflict between the Architectural law and RA 4566. The law governing the practice of your profession did not repeal RA 4566. The exemption in section 14 is specific to the design and supervision aspects of your practice and if your activities are limited to these you are not required to secure a PCAB license.
While it is true that as architects you are allowed to do design and build, both laws did not exempt you from the requirement that as builders or construction contractors a PCAB license must be secured. In fact even owners of projects doing their own projects “by administration” are not exempt. It is the build portion that you need to secure a PCAB license for not the practice of your profession. The definition of a contractor and/or builder is quite clear and as an architect you know when you are already undertaking construction (submit proposal for and/or enter into design build contracts, procure materials, hire workmen, engage sub or specialty contractors among others).”
Section 35 of RA 4566 makes it an offense to engage in construction contracting without a license and specifically includes the following: “Any contractor who, for a price, commission, fee or wage, submits or attempts to submit a bid to construct, or contracts to or undertakes to construct, or assumes charge in a supervisory capacity of a construction work within the purview of this Act, without first securing a license to engage in the business of contracting in this country ……..” The highlighted section is where the exemption contained in Section 14 comes into play.
PCAB has recently announced an Amnesty up to 31 December 2013 in order that unlicensed contractors may secure PCAB licenses and legitimize their operations. Design-Build professionals are urged to avail of the Amnesty. For more information of the Amnesty please visit http://pcametro.ph/blog/pcab-amnesty-2013/