LARE Ethics and Professional Practice Core Principles
The ASLA Code of Professional Ethics and Its Canons
The landscape architecture code of ethics LARE candidates are expected to master is primarily derived from the American Society of Landscape Architects (ASLA) Code of Professional Ethics. This document is structured into specific Canons, which are broad principles of conduct. For example, Canon I focuses on professional responsibility, requiring members to enhance the profession's standing and avoid conduct involving fraud or misrepresentation. On the exam, this often translates into questions regarding how a practitioner represents their qualifications or past work. You may encounter a scenario where a firm claims credit for a project where they only provided minor consulting; the ethically correct answer will involve accurately attributing the role of the lead designer. The ASLA professional conduct guide also emphasizes the obligation to the environment, suggesting that practitioners should advocate for sustainable design and the protection of natural resources. Understanding the hierarchy of these canons is vital, as the duty to the public health, safety, and welfare (HSW) consistently overrides the duty to a client's specific aesthetic preference or financial shortcut.
Fiduciary Duty to Clients and the Public
In the context of the LARE, fiduciary duty refers to the legal and ethical obligation of a landscape architect to act in the best interest of another party. While the architect has a contractual fiduciary duty to the client, the professional license creates a primary duty to the public. This dual responsibility is a frequent source of professional practice exam questions. For instance, if a client requests a retaining wall design that the landscape architect knows is structurally unsound based on local soil conditions, the practitioner cannot simply follow the client’s instructions. The duty of care requires the professional to refuse the design or provide a safe alternative, regardless of the client's budget. Scoring on these questions depends on identifying the "Standard of Care"—the level of skill and care that a reasonably prudent professional would exercise in similar circumstances. Failure to uphold this duty can result in charges of negligence, which is a common focal point for assessment in the project management and construction administration portions of the exam.
Contracts, Agreements, and Project Delivery
Contractual literacy is a cornerstone of contract administration for landscape architects. The LARE often references standard form agreements, most notably those developed by the American Institute of Architects (AIA), such as the B101 Owner-Architect Agreement. Candidates must understand the distinction between basic services (design, construction documents, bidding) and additional services (post-occupancy evaluation, extensive site surveys). A critical concept here is the "Scope of Services," which defines the limits of the professional's liability. If a landscape architect performs work outside the defined scope without a formal amendment, they may be assuming uninsured risk. Exam questions may test your knowledge of the "Termination for Convenience" clause, which allows an owner to end a contract without cause, or the "Indemnification" clause, which allocates the risk of loss between parties. Recognizing these provisions is essential for determining when a change order or a contract addendum is legally required to protect the firm's interests.
Selecting Appropriate Project Delivery Methods
Understanding the mechanics of project delivery is essential for the LARE project management topics covered in the exam. Candidates must distinguish between Design-Bid-Build (DBB), Design-Build (DB), and Integrated Project Delivery (IPD). In a traditional DBB scenario, the owner has separate contracts with the designer and the contractor, creating a system of checks and balances where the landscape architect acts as the owner's agent during construction. Conversely, in Design-Build, a single entity provides both design and construction services, which can streamline the schedule but may reduce the designer's independence in advocating for quality over cost. The exam may ask you to select the best delivery method for a client with a strict budget and a fast-tracked timeline. In such cases, knowing that Design-Build allows for overlapping design and construction phases (fast-tracking) is key. You must also understand the implications of "Agency CM" versus "CM at Risk," where the construction manager's level of financial liability changes the landscape architect's reporting structure and authority on site.
Negotiating Scope, Fees, and Services
Negotiation is not just a business skill but an ethical one, as it ensures that the fee is sufficient to perform the work to the required standard of care. The LARE tests various fee structures, including Lump Sum (Stipulated Sum), Percentage of Construction Cost, and Hourly (Time and Materials). Each has specific risks. For example, a Percentage of Construction Cost fee might create a perceived conflict of interest if the landscape architect specifies more expensive materials to increase their own fee. To mitigate this, practitioners must maintain transparency. When negotiating scope, the landscape architect must be wary of "scope creep," where additional tasks are added without corresponding fee adjustments. The exam might present a scenario where a client asks for three additional renderings not mentioned in the contract; the professional response involves documenting the request and issuing a proposal for additional services before proceeding. This demonstrates an understanding of both business viability and the importance of clear communication in maintaining professional relationships.
Risk Management and Professional Liability
Understanding Standard of Care and Negligence
One of the most significant liability and risk management LARE concepts is the legal definition of negligence. To prove negligence, four elements must be present: duty, breach, cause, and damage. The landscape architect must have a duty to the claimant, must have breached the standard of care, the breach must have caused the injury, and there must be actual damage. The exam often uses scenarios to test whether a candidate can identify if the standard of care was met. It is important to remember that the standard of care does not require perfection, but rather the application of reasonable skill and diligence. For example, if a new, unforeseen disease kills a specific cultivar of tree specified in a planting plan, the landscape architect may not be negligent if that disease was not known to professionals at the time of design. However, failing to check local utility maps before specifying a deep-excavation drainage system would likely constitute a breach of duty.
Mitigating Risk Through Documentation and Communication
Effective documentation serves as the primary defense against professional liability claims. The LARE emphasizes the "Paper Trail"—the systematic recording of all decisions, approvals, and site observations. This includes meeting minutes, transmittals, and Field Reports. A common exam scenario involves a verbal instruction given by an owner on-site to change a material; the correct professional action is to follow up with a written "Instruction to Contractor" or a "Change Order" to ensure the modification is documented and approved by all parties. Communication also involves the "Duty to Warn." If a landscape architect discovers a hazardous condition on-site that is outside their scope, they still have an ethical and often legal obligation to report it to the owner and the contractor. Failure to document these communications can lead to "he-said-she-said" disputes where the professional's lack of records is interpreted as a lack of diligence.
Professional Liability Insurance Essentials
Candidates must understand the types of insurance required to protect a practice and a project. Professional Liability Insurance, also known as Errors and Omissions (E&O) insurance, covers the landscape architect against claims of negligence or mistakes in their professional work. This is distinct from General Liability Insurance, which covers physical injuries (like a slip and fall) or property damage occurring at the office or on a project site. Another critical term is "Claims-Made Policy," which is the standard for E&O insurance. This means the policy must be in effect both when the error occurred and when the claim is filed. The exam may test knowledge of "Tail Coverage," which provides protection after a professional retires or a firm closes. Understanding these insurance mechanisms is vital for risk management because it dictates how a firm can respond to a lawsuit without facing immediate financial ruin, thereby ensuring the firm can fulfill its ongoing obligations to other clients.
Construction Phase Professional Services
Roles and Responsibilities During Bidding
The bidding phase is a critical transition from design to physical reality, and the landscape architect’s role is strictly defined to ensure fairness. During this phase, the practitioner assists the owner in evaluating bids and issuing "Addenda" to clarify the construction documents. The LARE may ask about the proper procedure when a bidder discovers an error in the drawings. The landscape architect must issue the clarification to all bidders simultaneously to prevent any one contractor from having an unfair advantage. This reflects the ethical principle of "Fair Competition." Additionally, the landscape architect must evaluate "Bid Bonds," which ensure that the winning bidder will actually enter into the contract, and "Performance Bonds," which protect the owner if the contractor fails to complete the work. Understanding these financial instruments is essential for advising clients during the selection of a contractor and ensuring the project's viability.
Administering Contracts and Change Orders
Once construction begins, the landscape architect acts as the "Initial Decision Maker" or the owner's representative. Contract administration involves managing the flow of information through Submittals, Requests for Information (RFIs), and Change Orders. A Change Order is a formal amendment to the contract that alters the cost, time, or scope of work. It must be signed by the owner, the landscape architect, and the contractor. In contrast, a "Construction Change Directive" (CCD) is used when the owner needs work to proceed immediately but the parties have not yet agreed on a price adjustment. The LARE tests the candidate's ability to distinguish between these documents and to know when to use a "Minor Change in the Work," which is an order from the landscape architect that does not change the contract sum or time. Mastery of these administrative tools prevents project delays and reduces the likelihood of litigation arising from unauthorized modifications.
Observation, Certification, and Payment Authorization
During site visits, the landscape architect performs "Site Observations" rather than "Inspections." The distinction is legally significant: an inspection implies a guarantee of 100% compliance, whereas an observation is a periodic check to see if the work generally conforms to the design intent. One of the most critical tasks is the review of the contractor's "Schedule of Values" and "Applications for Payment" (such as AIA G702). The landscape architect must certify that the work being billed has actually been completed and that the materials are stored properly. This process often involves "Retainage," where a percentage of the payment (typically 5–10%) is withheld until the end of the project to ensure the contractor completes the "Punch List." The exam may present a scenario where a contractor asks for payment for trees that have not yet arrived on site; the professional response is to withhold certification for those items to protect the owner’s funds.
Office Practice and Business Management
Project Management and Staff Coordination
Internal firm management is as important as external client management. Project management involves the allocation of resources, setting milestones, and ensuring that the project remains profitable while meeting quality standards. The LARE tests concepts like "Work Breakdown Structure" (WBS) and "Critical Path Method" (CPM) scheduling. A project manager must coordinate the work of various consultants (civil engineers, irrigation specialists, lighting designers). The principle of "Vicarious Liability" or respondeat superior means that the licensed professional in charge is responsible for the mistakes of their subordinates. Therefore, establishing rigorous internal review processes—such as "Redlining" drawings—is a necessary practice. Exam questions may focus on how to handle a situation where a junior staff member makes a significant error on a set of drawings that have already been issued for bid; the ethical response involves immediate disclosure and correction.
Basic Financial Management for Landscape Architecture Firms
A firm must be financially solvent to fulfill its professional obligations. The LARE covers basic accounting concepts relevant to practice, such as the difference between "Cash Accounting" and "Accrual Accounting." In accrual accounting, revenue is recognized when it is earned, not necessarily when the cash is received, providing a more accurate picture of long-term financial health. Candidates should understand the "Utilization Rate," which is the ratio of billable hours to total hours worked. A low utilization rate may indicate inefficiency or too much time spent on non-billable marketing. Another key metric is the "Overhead Rate," which calculates the cost of running the business (rent, insurance, non-billable staff) relative to direct labor costs. Knowing these numbers allows a project manager to set realistic fees and manage the firm’s "Burn Rate" during slow periods, ensuring the firm can continue to support its active projects and staff.
Marketing and Proposals Within Ethical Guidelines
Marketing a landscape architecture practice is subject to strict ethical constraints. According to the ASLA Code of Ethics, practitioners must not provide "anything of value" to a public official to influence the award of a contract—this is often referred to as "Pay-to-Play." When writing proposals, the landscape architect must be honest about their firm's experience and the availability of staff. The exam may present a scenario where a firm is pursuing a project for which they lack specific expertise; the ethical approach is to either decline the project or partner with a consultant who has the required experience. Furthermore, when using photographs of projects in marketing materials, the firm must give proper credit to the lead designer and other key contributors. Misrepresenting one’s role in a project is a violation of professional conduct and can lead to disciplinary action by state boards.
State Laws and Licensing Regulations
Authority and Function of State Registration Boards
Licensure for landscape architects is governed at the state level, usually through a State Board of Registration or a similar regulatory body. The primary purpose of these boards is to protect the public health, safety, and welfare by ensuring that only qualified individuals practice the profession. The board has the authority to set education and experience requirements, administer the LARE, and issue licenses. Candidates must understand the difference between a "Title Act," which restricts the use of the title "Landscape Architect" to licensed individuals, and a "Practice Act," which prohibits unlicensed individuals from performing the work of a landscape architect. Most states now have Practice Acts. The exam may test your knowledge of how boards interact with the Council of Landscape Architectural Registration Boards (CLARB), which maintains professional records and facilitates "Reciprocity"—the process of getting licensed in one state based on a license held in another.
Rules for Sealing, Signing, and Retaining Drawings
The professional seal is a legal statement that the documents were prepared under the "Responsible Control" of the licensed professional. Responsible control means the landscape architect had direct knowledge of and provided technical direction over the work. It is illegal to "Plan Stamp"—to seal drawings prepared by an outside party without the landscape architect's direct involvement. The LARE frequently asks about the proper use of the seal. For example, a landscape architect should only seal the sheets of a multi-disciplinary set that they personally supervised. Additionally, states have specific rules for "Statutes of Limitations" and "Statutes of Repose," which dictate how long a professional can be held liable for a project after it is completed. These laws influence the firm's "Document Retention Policy," as firms must keep project records long enough to defend against potential future claims.
Disciplinary Procedures for Violations
State boards have the power to discipline licensees for violations of law or ethics. Disciplinary actions can range from a formal reprimand or a fine to the suspension or permanent revocation of a license. Common grounds for discipline include gross negligence, incompetence, fraud, and "Moral Turpitude." On the exam, you may be asked what a landscape architect should do if they become aware of another practitioner’s illegal activity. In many jurisdictions, there is a "Mandatory Reporting" requirement, meaning the professional must report the violation to the state board. This ensures that the profession remains self-regulating and that the public is protected from bad actors. Understanding these procedures reinforces the gravity of the license and the high standard of conduct expected of every registered landscape architect.
Applying Ethics to Common Practice Scenarios
Resolving Conflicts of Interest
A conflict of interest occurs when a landscape architect’s personal or financial interests interfere with their professional judgment. A classic example is a practitioner who owns a plant nursery and specifies plants from that nursery for a client’s project without disclosing the ownership interest. The LARE tests the ability to identify and resolve such conflicts. The primary solution is "Full Disclosure" in writing to all affected parties. If the client, after being informed of the conflict, still wishes to proceed, the landscape architect may do so, provided the arrangement does not violate any state laws. However, some conflicts are so severe that they must be avoided entirely, such as accepting a "Kickback" from a contractor in exchange for a favorable recommendation. The exam looks for the candidate's ability to prioritize transparency and impartiality in all professional dealings.
Landscape architects often have access to sensitive client information, such as proprietary business plans, financial data, or future development sites. The duty of confidentiality requires the professional to protect this information from disclosure to third parties. An exam scenario might involve a landscape architect working for a developer on a secret project; if a local journalist asks for details, the professional must refuse to comment and refer the inquiry to the client. There are exceptions, such as when disclosure is required by law or to protect public safety. For instance, if a client’s secret development plan involves illegal filling of wetlands, the landscape architect’s duty to the law and the environment may override the duty of confidentiality. Balancing these competing obligations is a key test of professional maturity on the LARE.
Addressing Unauthorized Practice and Team Crediting
Unauthorized practice, or "Practice without a License," is a serious legal violation. Landscape architects must ensure that their consultants and staff are not performing tasks that require a license they do not possess. Furthermore, the issue of "Team Crediting" is a common ethical hurdle. When a landscape architect leaves a firm, they may wish to show work from their previous employer in their new portfolio. The ethical standard is to clearly state the name of the firm where the work was performed and the specific role the individual played. Taking sole credit for a team effort is considered a violation of the ASLA Code of Ethics. The LARE assesses this by presenting scenarios about portfolio development and job interviews, rewarding candidates who demonstrate honesty and respect for the intellectual and professional contributions of their colleagues.