5.2.3.1 Project Architect Qualifications

A. The Borrower must engage an architectural professional with building design and construction expertise to prepare construction documents and to supervise construction as appropriate for the proposed construction activity. Such professional services must be provided by a licensed or registered Architect or a professional engineer who must be the principal lead professional with overall responsibility for the design development and the execution of the design in construction. This professional is referred to as the Project Architect in the MAP Guide and must meet the qualifications described in this section. Failure of the Borrower to engage a Project Architect acceptable to the Lender and HUD is a basis for rejection of the application:

1. The Project Architect must be licensed or registered by the State in which the project is located.

2. The Project Architect must have substantial experience in the design and construction of multifamily properties comparable in scale and scope to the proposed property and must be in good standing professionally and legally.

3. For green MIP rate applications, the Project Architect must meet additional experience and qualifications requirements (see Chapter 6) when acting as an energy professional.

4. The Project Architect and any other consultants providing professional services for the project must be covered by an insurance policy (or policies) of professional liability, errors, and omissions.

5. The insurance must be of an amount consistent with the risk of loss based on the scope, scale, and the total cost of the project. The amount of any payable claim shall be actual damages subject to the policy limit and shall not be limited to the fee for the service provided.

6. The professional liability insurance policy must be maintained through the twelve-month warranty inspection period that follows final endorsement. The professional liability insurance carrier must have and maintain a rating that is acceptable to HUD (A.M. Best Financial Strength Rating [FSR] of B+ or better).

7. At initial closing, each design professional must provide their current certificate of liability insurance that must substantially conform to the sample Certificate of Professional Liability Insurance contained in Appendix 5, Section A.5.8.3.