Neb. Rev. Stat. §81-3442 states that it is unlawful for any person to practice or offer to practice architecture or engineering in this state without being licensed in accordance with The Nebraska Engineers and Architects Regulation Act (the “Act”). In addition, N.R.S. §81-3436 states that an individual licensed under the Act may practice or offer to practice through an organization if the organization is issued a certificate of authorization by the Nebraska Board of Engineers and Architects (the “Board”).
However, Board Rule 5.6 explains the steps by which non-licensed architects or professional engineers, and by extension organizations who do not hold a certificate of authorization, may offer to provide their services on projects in Nebraska subject to the Act:
5.6.2 Architects or professional engineers who are not licensed in Nebraska, but who hold a valid license in another jurisdiction recognized by the Board:
5.6.2.2 May identify themselves as such on correspondence and other documents that offer to provide professional services in Nebraska, if such documents clearly indicate and disclose that the architect or professional engineer:
5.6.2.2.1 Holds a valid and current license in another jurisdiction recognized by the Board;
5.6.2.2.2 Does not hold a current and valid license from Nebraska;
5.6.2.2.3 Would have to obtain a license in Nebraska in order to perform the services described in the offer; and
5.6.2.2.4 Has a reasonable likelihood of being issued a license in Nebraska.
Architectural and engineering organizations that do not hold a certificate of authorization may respond to RFPs if they comply with Rules 5.6.2.2.1 through 5.6.2.2.4.
Referencing Rule 5.6.2.2.1, jurisdictions recognized by the Board for architecture at this time include all U.S. states and territories, Canada, Mexico, Australia, and New Zealand; jurisdictions recognized for the purpose of engineering include all U.S. states and territories.
Once architectural or engineering organization(s) are awarded the project, those firms must apply for and be issued a certificate of authorization from the Board before entering into an agreement with the project owner to provide their respective professional services.
Similarly, architects and professional engineers not practicing through an organization, who are not licensed by the Board to practice their respective professions in Nebraska, may offer their services in accordance with the same rules but must apply for and be granted a license prior to entering into an agreement with the owner to provide their services.