30 Miss. Code. R. 201-4.2 - Conflict of Interest

4.2.1 An architect shall not accept compensation for architectural services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by all interested parties, with such disclosure and agreement to be in writing.

Commentary - This rule recognizes that in some circumstances an architect may receive compensation from more than one party involved in a project but that such bifurcated loyalty is unacceptable unless all parties have understood and accepted it.

4.2.2 An architect shall not knowingly solicit or enter into a contract for professional services for any work which another architect or another registered design professional has been exclusively contracted to perform and with which work the other professional is no longer to provide any professional services, without first having been advised in writing by the architect's prospective client that the contract with the other professional has been terminated.

4.2.3 If an architect has any business association or a direct or indirect financial interest which is substantial enough to influence the architect's judgment in connection with the architect's performance of professional services, the architect shall fully disclose in writing to the architect's client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment.

Commentary - Like Rule 4.2.1, this rule is directed at conflicts of interests. It requires disclosure by the architect of any interest which would affect the architect's performance.

4.2.4 An architect shall not solicit or accept compensation from contractors, or material or equipment suppliers in return for specifying or endorsing their companies or products.

Commentary - This rule appears in most of the existing state standards. It is absolute and does not provide for waiver by agreement. It assures an architect is not influenced to use companies or products which are not in the best interest of the client.

4.2.5 When acting as the interpreter of building contract documents and/or the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.

Commentary - This rule applies only when the architect is acting as the interpreter of building contract documents and the judge of contract performance. The rule recognizes that this is not an inevitable role and there may be circumstances (for example, where the architect has an interest in the owning entity) in which the architect may appropriately decline to act in those two roles. In general, however, the rule governs the customary construction industry relationship where the architect, though paid by the owner and owing the owner loyalty, is nonetheless required, in fulfilling the architect's role in the typical construction industry documents, to act with impartiality.

Notes

30 Miss. Code. R. 201-4.2

Miss. Code Ann. § 73-1-29(1)

Amended 6/1/2016 Amended 6/10/2017 Amended 3/11/2019