Question

The United Arab Emirates (UAE) held a competition for the design of an embassy in Washington, 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. About two years later, Sturdza learned that the UAE had contracted with a District of Columbia architect named Angelos Demetriou to use his design. Sturdza filed a suit in a federal district court against the UAE, alleging breach of contract. The court issued a summary judgment in the UAE’s favor. Sturdza appealed to the U.S. Court of Appeals for the District of Columbia Circuit. This court asked the District 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 to perform architectural services in the District of Columbia if he or she lacks a District of Columbia license. For the safety of those who work in and visit buildings in the District of Columbia, and the safety of their neighbors, the architects who design them and oversee their construction should be qualified and licensed. The statute contains no exception.

Should there be an exception to the rule applied in this case for an architect who is licensed elsewhere in the United States and who intends to become licensed in the District of Columbia? How might such an exception have applied in this case?

Answer 1

Answer

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

Provision:

The licensing requirement for the practice of architecture in the District is categorical. It contains no exemption for international design competitions; indeed, it admits of no exception based on the type of clientor architectural service rendered. We must apply the statute as it is written and not create ad hoc [for the particular case at hand] exceptions by judicial decree based on nebulous policy considerations.

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 a fee.