Question

CHAPTER 8 - CASE SYNOPSIS—Sturdza v. United Arab EmiratesThe United Arab Emirates (UAE) held a competition for the design of an embassy inWashington, D.C. Elena Sturdza—an architect not licensed in the District of Columbia—won.Sturdza and the UAE exchanged proposals, but the UAE stopped communicating with her. Abouttwo years later, Sturdza learned that the UAE had contracted with a District of Columbia architectnamed Angelos Demetriou to use his design. Sturdza filed a suit in a federal district court against theUAE, alleging breach of contract. The court issued a summary judgment in the UAE’s favor. Sturdzaappealed to the U.S. Court of Appeals for the District of Columbia Circuit. This court asked theDistrict of Columbia Court of Appeals “precisely how D.C. law applies” in this situation.The District of Columbia Court of Appeals’ answer: an architect cannot recover on a contract toperform architectural services in the District of Columbia if he or she lacks a District of Columbialicense. For the safety of those who work in and visit buildings in the District of Columbia, and thesafety of their neighbors, the architects who design them and oversee their construction should bequalified and licensed. The statute contains no exception.

The architectural services at the center of this case were to be performed for a foreign embassy.Should the court have made an exception for such a circumstance? Why or why not?

Answer 1

Case:

• Defendant held a competition for the design of a new embassy in Washington, D.C. Plaintif won the competition, but only held an architecturelicense in Maryland and Texas. Plaintif and defendant began to negotiate abuilding design for two years. No contract was ever signed. Defendant stopped communicating with Plaintif. After researching, PlaintiF learned that defendant had hired a local architect to design the embassy, copying many of his hallmark features on the design.Plaintif Fled a lawsuit or breach of contract.
• Can a member of a profession who is licensed in onejurisdiction recover on a contract to perform professional services in anotherjurisdiction?

Rule:

Licensing Statutes:

• All states require members of certain professions—including physicians, lawyers, real estate brokers, accountants, architects,electricians, and stockbrokers—to have licenses. Some licenses areobtained only after extensive schooling and examinations, whichindicate to the public that a special skill has been acquired. Others require only that the applicant be of good moral character and pay afee.No the court cannot made any exception due to following reasons:
  • District of Columbia law does bar an architect from recovering

(i) on a contract to perform architectural services in the District or

(ii) in quantum meruit for architectural services rendered in the District, if the architect lacked a District of Columbia architect's license when he or she began negotiating the contract, entered into the contract, or performed the architectural services, even if the architect was licensed to practice architecture in another jurisdiction at such times.

• Pursuant to a former statutory exception (in effect at the time of the events giving rise to this lawsuit but since repealed), an architect licensed in another jurisdiction but not in the District was permitted to negotiate and enter into a contract to perform architectural services in the District without being subject to the foregoing bar, so long as the architect obtained a license in the District before actually performing any of the services.

There is no exception for international design competitions or the submission of bids to perform architectural services for foreign embassies (or public buildings or monuments) in the District.