Nebraska Statutes 81-3446. Construction projects on private lands; applicability of act; owner; duties
(1) A project on private land is subject to the provisions of the Engineers and Architects Regulation Act unless exempt under section 81-3449 or 81-3453.
Terms Used In Nebraska Statutes 81-3446
- Architect: means a person who is licensed by the board to practice architecture. See Nebraska Statutes 81-3404
- Building official: means a person appointed by the state or a political subdivision having responsibility for the public safety and welfare and the enforcement of building codes with regard to buildings and other structures within such person's jurisdiction. See Nebraska Statutes 81-3405.01
- Contract: A legal written agreement that becomes binding when signed.
- Direct supervision: means having full professional knowledge and control over work that constitutes the practice of architecture or engineering. See Nebraska Statutes 81-3411
- Grantee: shall include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Practice of architecture: means providing or offering to provide design services in connection with the construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding the buildings. See Nebraska Statutes 81-3420
- Project: means one or more related activities that require the practice of architecture or engineering for completion. See Nebraska Statutes 81-3422.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Technical submissions: means designs, drawings, specifications, studies, and other technical reports that constitute, or may be prepared in conjunction with, a project. See Nebraska Statutes 81-3427
(2) The owner of any real property who allows a project to be constructed on his or her real property is engaged in the practice of architecture or engineering unless he or she employs or causes others to employ licensed architects or professional engineers or persons under the direct supervision of licensed architects or professional engineers to furnish at least minimum construction phase services with respect to the project or is exempt from the Engineers and Architects Regulation Act under sections 81-3449 and 81-3453.
(3) For purposes of this section:
(a) Construction phase service includes at least the following services: (i) Visiting the project site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the project permit was issued; and (ii) processing technical submissions required of the contractor by the terms of contract documents. The term does not include supervision of construction, review of payment applications, resolution of disputes between the owner and contractor, and other such items which are considered additional construction administration services which the owner may or may not elect to include in the architect‘s or engineer’s scope of work; and
(b) Owner means with respect to any real property the following persons: (i) The record owner of such real property; (ii) the lessee of all or any portion of the real property when the lease covers all of that portion of the real property upon which the project is being constructed, the lessee has significant approval rights with respect to the project, and the lease, at the time the project begins, has a remaining term of not less than ten years; or (iii) the grantee of an easement granting right-of-way to construct the project.