30 Miss. Code. R. 203-5.2 - Conflict of Interest

A. A Certified Interior Designer shall not accept compensation for certified interior design services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by all interested parties, such disclosure and agreement to be in writing.

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

B. A Certified Interior Designer shall not knowingly solicit or enter into a contract for certified interior design services for any work which another Certified Interior Designer has been exclusively contracted to perform and with which work the other Certified Interior Designer is no longer to provide any certified interior design services, without first having been advised in writing by the Certified Interior Designer's prospective client that the contract with the other Certified Interior Designer has been terminated.

C. If a Certified Interior Designer has any business association or a direct or indirect financial interest which is substantial enough to influence the Certified Interior Designer's judgment in connection with the Certified Interior Designer's performance, the Certified Interior Designer shall fully disclose in writing to the Certified Interior Designer'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 Certified Interior Designer will either terminate such association or interest or offer to give up the commission or employment.

Commentary - Like Rule 5.2(a), this rule is directed at conflicts of interest. It requires disclosure by the Certified Interior Designer of any interest which would affect the Certified Interior Designer's performance.

D. A Certified Interior Designer shall not solicit or accept compensation from contractors, vendors, or material or equipment suppliers in return for specifying or endorsing their companies or products in any project for which the Certified Interior Designer has been employed.

Commentary - This rule appears in most of the existing state standards. It is absolute and does not provide for waiver by agreement.

E. When acting as the interpreter of interior design documents and/or the judge of contract performance, a Certified Interior Designer shall render decisions impartially, favoring neither party to the contract.

Commentary - This rule applies only when the Certified Interior Designer is acting as the interpreter of interior design 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 Certified Interior Designer has an interest in the owning entity) in which the Certified Interior Designer may appropriately decline to act in those two roles. In general, however, the rule governs the customary interior design industry relationship where the Certified Interior Designer, though paid by the owner and owing the owner loyalty, is nonetheless required, in fulfilling the Certified Interior Designer's role in the typical interior design documents, to act with impartiality.

Notes

30 Miss. Code. R. 203-5.2

Miss. Code Ann.§ 73-73-25(2)(h)