ARSD 20:38:37:04. Combining architecture, engineering, and construction services

A business entity offering any combination of architectural and engineering services together with construction services such as design-build contracting may offer to render architectural and engineering services only if: (1) An architect and professional engineer licensed in the state participates substantially in all material aspects of the offering; (2) There is written disclosure at the time of the offering that the architect and professional engineer are engaged by and contractually responsible to the contractor, contractor as a joint venture, or owner/client; (3) The architect and professional engineer will have direct supervision of the design work and that the professional services are not terminated without the consent of the owner/client; (4) The rendering of architectural and engineering services by such professionals will conform to the provisions of SDCL chapter 36-18A and this article; and (5) Design professionals perform construction administration on the projects.