Section 1480.205  Acts Constituting the Practice of Structural Engineering Pursuant to Section 5 of the Act

a)         Design/Build.  The design/build project delivery process is a method whereby an entity signs a single contract to provide a combination of professional design services and construction services.  As used in this Section, design/build does not refer to contractual requirements for a subcontractor to retain a structural engineer to provide services related to performance of the contract.

b)         A design/build entity shall not offer to provide or provide structural engineering services, unless registered as a professional design firm or unless it complies with subsection (c)(3).  Offering to provide structural engineering services shall include, but not necessarily be limited to, any tender of engineering services either independently or in combination with construction services by any sign, card, advertisement or other device that might indicate to the public that the entity is entitled to provide engineering services.

c)         The design/build entity will not be required to register as a professional design firm pursuant to Section 19 of the Act only if the structural engineering services in the design/build project delivery process are provided by the entity in accordance with the following:

1)         A structural engineer licensed or a professional design firm registered in Illinois independently contracts with the entity and participates substantially in all material aspects of the offering and providing of services relating to any bid process, contract negotiations, design, consultation, development, preparation and coordination of technical submissions, and verification of adherence to technical submissions and completion.

2)         At the time of offering services, a written disclosure shall be given to the client by the entity identifying the licensed structural engineer who will be engaged by and is contractually responsible to the entity offering design/build project services.

3)         The entity agrees that the licensed structural engineer will have direct supervision of the structural engineering design work.  The entity also agrees that the engineering services will not be terminated on the project without replacement within 30 days by another licensed structural engineer.

(Source:  Amended at 34 Ill. Reg. 5669, effective March 30, 2010)