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Regulatory and Legal Issues

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Working internationally will involve abiding by regulations and legal constraints that are different than those the firm is used to in the United States. It is also important to note that each country may have different regulations. Desiring to do projects or obtaining employment on an international level must be researched before seriously engaging with a client.

Some countries (China is notable) will require a U.S. business to work with a business in the international country. This can even mean that the design firm may have to be jointly owned by a firm in the international city. Thus, the designer cannot simply sign a contract to design a facility in an international city.

Professional certifications and licensing can also be a challenge for entry into international design work. Although professional certifications in the United States have provisions for limited international membership or certification, there is no guarantee that the country you wish to design a project in will honor these. In addition, the country may also have its own licensing regulations. Again, these credentialing regulations will likely vary by country and even local jurisdictions.

One area of international practice that helps U.S. firms relates to building codes. The International Building Code (IBC) and International Residential Code (IRC) will likely be used related to any design drawings. However, even as in the United States, a local jurisdiction can have modifications and differences in what needs to be included on drawings. If your project would involve environmental design issues, LEED® may be superseded by a foreign organization such as the Building Research Establishment Environmental Assessment Method (BREEAM) in the United Kingdom. This will be another topic to research before signing agreements to design projects in a foreign country.

Another important point in relation to this topic is that the U.S. firm may have no legal protections in a foreign country. This is a very big reason why most firms affiliate in some way with a local design firm. That affiliation may provide some coverage. If there is a liability problem or dispute, the U.S. firm must abide by laws within the foreign country and will need to hire appropriate counsel to represent the firm.

As for contracts, a design contract created in the United States and signed by an international client might not have the force of law in either country. You must understand the legal regulations related to contracts on both parties. The advice of an attorney with experience in international law is critical for a design firm wanting to do business internationally. It might also be noted that because of the differences in legal rules, a contract might not be as “ironclad” as they are in the United States—no matter how well detailed. Some countries like to negotiate more than settle on absolutes. That is no reason, however, for not having a detailed design contract.

Professional Practice for Interior Designers

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