McDowell v. City of Long Beach

SHINN, J.,

pro tem.

Appeal by defendant from a judgment in favor of plaintiff, in an action to recover fees for architectural services.

Plaintiff, a nonresident architect, was employed by the City of Long Beach, under written contract, to prepare plans and specifications for, and to supervise the construction of, a municipal auditorium. His compensation was fixed at $84,000, of which $12,932.34 sued for herein remains unpaid. The city, by answer and cross-complaint, alleged negligence in the preparation of the plans and specifications, and sought recovery of $30,621.27, as damages. Plaintiff’s claim was allowed; the city was awarded an offset of $7,832.50 as damages, and plaintiff was given judgment for the difference in the sum of $5,108.77.

Plaintiff held no certificate from the state board of architectural examiners. The court found that some two weeks prior to the date of the contract, plaintiff informed the city manager of defendant that he held no such certificate.

[636]

The statute regulating the practice of architecture, at the time of the contract (Stats. 1901, p. 641, Act 486, as amended by Stats. 1903, p. 522), read as follows: “Section 5. After the expiration of six' months from the passage of this act, it shall be unlawful, and it shall be a misdemeanor, punishable by fine of not less than fifty dollars nor more than five hundred dollars, for any person to practice architecture without a certificate in this state, or to advertise, or put out any sign or card, or other device which might indicate to the public that he was .an architect; provided, that nothing in this act shall prevent any person from making plans for his own buildings, nor furnishing plans or other data for buildings for other persons, provided the person so furnishing such plans or data shall fully inform the person for whom such plans or data are furnished, that he, the person furnishing such plans, is not a certificated architect; provided, that nothing in this act shall prevent the employment of an architect residing out of the State of California, to prepare plans and specifications for buildings or other structures within the state, conditioned, he shall present satisfactory evidence to the board of the district in'which the structure is to be erected, that he is a competent architect, when such board shall issue to such architect a temporary certificate for such employment, upon the payment of a fee of five dollars. ...”