Lehmann v. Dalis

WOOD (Fred B.), J.

Defendant Dalis appeals from a judgment for $1,200 based upon findings that plaintiff is a duly licensed civil engineer and that defendant became in

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debted in the sum of $1,200 for work, labor and services as civil engineer in forming and drawing plans and sketches for the erection of a bowling alley building, performed and furnished by plaintiff at defendant’s request.

The sole defense, upon this appeal, is that these were architectural services and plaintiff, not a licensed architect or structural engineer, did not inform defendant in writing, prior to accepting this employment, that plaintiff was not a licensed architect. Section 5537 of Business and Professions Code permits an unlicensed person to furnish to another “plans, drawings, specifications, instruments of service, or other data for buildings, if, prior to accepting employment or commencing work,” he “fully informs such other person . . ., in writing, that he ... is not an architect.”

Plaintiff does not claim that he gave any such notice. He predicates his right to render this type of service, and be paid for it, upon his status as a registered civil engineer. This claim of his is well founded:

‘ ‘

Civil engineering embraces the following

studies or activities in connection with

fixed works for irrigation, . . ., foundations,

framed and homogenous structures, buildings

or bridges.

(a) The economics of,

the use and design of, materials of construction

and the determination of their physical qualities. . . . (e)

The preparation and/or submission of designs, plans and specifications and engineering reports.”

(Bus. & Prof. Code, § 6731, definitive of what a civil engineer is licensed to do; emphasis added.) This definition is not narrowed or cut down by the sentence which immediately follows the portion we have quoted.