Needed opinions on a matter of ethics and law.

[RodISHI]

If an architect draws plans and/or designs a building for a tax supported public facility that specs only one product can be used and that one product comes from a facility the architect's family owns is it legal? The particular items is manufactured and built by the architect's family and may not be substituted for like and kind product.

Isn't this nepotism? What say you legal minded people out there?

 

[KittenKoder]

If an architect draws plans and/or designs a building for a tax supported public facility that specs only one product can be used and that one product comes from a facility the architect's family owns is it legal? The particular items is manufactured and built by the architect's family and may not be substituted for like and kind product.

Isn't this nepotism? What say you legal minded people out there?

I don't know if it's legal, but it isn't ethical, it's the same shit the environuts pull.

 

[DamnYankee]

Could you possibly give an example of such an item that a tax support public facility would require?

 

[KittenKoder]

Could you possibly give an example of such an item that a tax support public facility would require?

Low flow plumbing, specific lighting, etc.. The architect can design a building to require any specific fixture they want and work the design so that nothing else will work in its place.

 

[RodISHI]

Could you possibly give an example of such an item that a tax support public facility would require?

Windows.

 

[KittenKoder]

Could you possibly give an example of such an item that a tax support public facility would require?

Windows.

Damn, and those are some of the most costly parts to.

 

[DamnYankee]

Could you possibly give an example of such an item that a tax support public facility would require?

Low flow plumbing, specific lighting, etc.. The architect can design a building to require any specific fixture they want and work the design so that nothing else will work in its place.

Okay.... Curious 'cause we're having some remodeling/construction done. Don't believe it's applicable in this case, but I'd go with your original response. Probably, technically, legal - but highly unethical. Since we have "Pay to Play" regs here, there's probably some reg that covers this as well. That isn't to say that "Pay to Play" is fully enforce of course....

 

[midcan5]

Most tax supported public works have clear requirements concerning labor laws and environmental aspects and materials. This sounds clearly like a conflict of interest area as could another material be used or should the builder architect remove themselves from the job. I know a few lawyers, as well as aspiring ones, but getting a clear answer from them is like pulling teeth.

see first article

Business Conflict
What is a Conflict of Interest - Conflict of Interest Definition

 

[RodISHI]

Most tax supported public works have clear requirements concerning labor laws and environmental aspects and materials. This sounds clearly like a conflict of interest area as could another material be used or should the builder architect remove themselves from the job. I know a few lawyers, as well as aspiring ones, but getting a clear answer from them is like pulling teeth.

see first article

Business Conflict
What is a Conflict of Interest - Conflict of Interest Definition

Thanx for the links.

 

[KittenKoder]

Most tax supported public works have clear requirements concerning labor laws and environmental aspects and materials. This sounds clearly like a conflict of interest area as could another material be used or should the builder architect remove themselves from the job. I know a few lawyers, as well as aspiring ones, but getting a clear answer from them is like pulling teeth.

see first article

Business Conflict
What is a Conflict of Interest - Conflict of Interest Definition

It's a problem with too many of our laws, there are no clear cut answers to most of them. I dream of a day when we have simple, easy to read, and non-interpretable laws.

 

[PubliusInfinitum]

If an architect draws plans and/or designs a building for a tax supported public facility that specs only one product can be used and that one product comes from a facility the architect's family owns is it legal? The particular items is manufactured and built by the architect's family and may not be substituted for like and kind product.

Isn't this nepotism? What say you legal minded people out there?

I can't see where it would be illegal, and I sure can't see it being a conflict of interests...

We're discussing an Architect... thus the issue is DESIGN... Wherein the 'art' is more a point of relevance than say, structural integrity...

If the individual were an ENGINEER... who spec'd a specific product... which could be sustituted for another product of equal or greater strength, durability, or other structural concerns... I'd say that ya had a conflict of interests...

But windows... they're often a significant function of design... which is to say that a particular profile will impart a specific 'look' which the architect may very well see as critical to their 'vision'... and where they are familiar with a particular product, understand it's characteristics... its only natural that they would specify that particular product; and what's more, such is fairly common...

That it's a family resource... well... while it may be unseemly, particularly to a competitor, I think you've an uphill battle to prevail in any challenge... The Architect will drop the 'art' card; demand that those particular windows meet the demands of his design and you're out five grand in court and attorney fees... for fifteen minutes of 'judge time...'

Sorry Rod...

Ya sure they're not an Engineer?

 

[RodISHI]

If an architect draws plans and/or designs a building for a tax supported public facility that specs only one product can be used and that one product comes from a facility the architect's family owns is it legal? The particular items is manufactured and built by the architect's family and may not be substituted for like and kind product.

Isn't this nepotism? What say you legal minded people out there?

I can't see where it would be illegal, and I sure can't see it being a conflict of interests...

We're discussing an Architect... thus the issue is DESIGN... Wherein the 'art' is more a point of relevance than say, structural integrity...

If the individual were an ENGINEER... who spec'd a specific product... which could be sustituted for another product of equal or greater strength, durability, or other structural concerns... I'd say that ya had a conflict of interests...

But windows... they're often a significant function of design... which is to say that a particular profile will impart a specific 'look' which the architect may very well see as critical to their 'vision'... and where they are familiar with a particular product, understand it's characteristics... its only natural that they would specify that particular product; and what's more, such is fairly common...

That it's a family resource... well... while it may be unseemly, particularly to a competitor, I think you've an uphill battle to prevail in any challenge... The Architect will drop the 'art' card; demand that those particular windows meet the demands of his design and you're out five grand in court and attorney fees... for fifteen minutes of 'judge time...'

Sorry Rod...

Ya sure they're not an Engineer?

Architectual Engineer I'm thinking? I'll check into it further to be sure. Not looking to challenge anything. Just questioning the ethics and legallity of this one particular situation. It's a local school project. I've known the politics of the school to be not exactly honorable in all instances. They reported son as graduating and attending there for several years when we know he had not (head count money). They also encouraged me to keep an overpayment of $2,500.00 once. I declined and had them correct the records on their end to reflect the proper payments were accounted on the next billing cycle. Their accounting/administration gal wanted to know why I would not just keep that extra money. What could I say "because we did not earn it and it is an overpayment". The next year's contract we did not get it went to a family member of a person on the school board.

 

[PubliusInfinitum]

If an architect draws plans and/or designs a building for a tax supported public facility that specs only one product can be used and that one product comes from a facility the architect's family owns is it legal? The particular items is manufactured and built by the architect's family and may not be substituted for like and kind product.

Isn't this nepotism? What say you legal minded people out there?

I can't see where it would be illegal, and I sure can't see it being a conflict of interests...

We're discussing an Architect... thus the issue is DESIGN... Wherein the 'art' is more a point of relevance than say, structural integrity...

If the individual were an ENGINEER... who spec'd a specific product... which could be sustituted for another product of equal or greater strength, durability, or other structural concerns... I'd say that ya had a conflict of interests...

But windows... they're often a significant function of design... which is to say that a particular profile will impart a specific 'look' which the architect may very well see as critical to their 'vision'... and where they are familiar with a particular product, understand it's characteristics... its only natural that they would specify that particular product; and what's more, such is fairly common...

That it's a family resource... well... while it may be unseemly, particularly to a competitor, I think you've an uphill battle to prevail in any challenge... The Architect will drop the 'art' card; demand that those particular windows meet the demands of his design and you're out five grand in court and attorney fees... for fifteen minutes of 'judge time...'

Sorry Rod...

Ya sure they're not an Engineer?

Architectual Engineer I'm thinking? I'll check into it further to be sure. Not looking to challenge anything. Just questioning the ethics and legallity of this one particular situation. It's a local school project. I've known the politics of the school to be not exactly honorable in all instances. They reported son as graduating and attending there for several years when we know he had not (head count money). They also encouraged me to keep an overpayment of $2,500.00 once. I declined and had them correct the records on their end to reflect the proper payments were accounted on the next billing cycle. Their accounting/administration gal wanted to know why I would not just keep that extra money. What could I say "because we did not earn it and it is an overpayment". The next year's contract we did not get it went to a family member of a person on the school board.

Yeah man, local politics is LOADED with such... but I still think that from the architectual perpsective that they have a sound basis...

Where I would start is the premise, within the charter, which would allow for such...

My argument would be that such does not promote the best value for the taxpayer... and while, IF this is a contract which is already signed and already commenced, that it's a done deal and ya aren't likely to even slow it down... you COULD make a good public argument that such is not appropriate on matters of public expenditures... that ALL elements of a public contract should go to bid...

But your entire experience sounds very familiar and is the best reason for why local governments are going busted ALL OVER THIS NATION... its un-virtuous, imprudent governance of the lowest order.