Section 231-5-2 - Conflict of Interest5.2.1 The professional landscape architect will not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by all interested parties. Such disclosure and agreement is to be in writing.5.2.2 If the professional landscape architect has any business association or direct or indirect financial interest which is substantial enough to influence their judgment in connection with their performance of professional services, the professional landscape architect must fully disclose in writing to their client or employer the nature of the business association or financial interest. If the client or employer objects to such association or interest the professional landscape architect will either terminate such association or interest, or offer to give up the commission or employment.5.2.3 The professional landscape architect will not solicit or accept compensation from material or equipment suppliers, contractors, or sub-consultants in return for specifying or endorsing their products.5.2.4 When acting as the interpreter of construction contract documents, studies, and reports, the professional landscape architect will render decisions impartially. When acting as the judge of contract performance, the professional landscape architect will render decisions in an objective matter, favoring neither party to the contract.5.2.5 A professional landscape architect who initiates a complaint to the Board will not become involved as the landscape architect of record for the project which is the subject of the complaint.5.2.6 Professional landscape architects will not solicit a contract for professional services from a governmental body when the professional landscape architect, or a principal or officer of the professional landscape architect's organization, serves as a voting or non-voting member, whether elected or appointed, or serves as an employee or contractor to perform professional services, of the same governmental body which is procuring the professional services. For purposes of this subparagraph, "governmental body" means a board, council, commission, or similar multi-membered body of any county or political subdivision. Professional landscape architects are not in violation of this provision, however, if the professional landscape architect, or principal or officer of their organization who serves as a member of the governmental body, plays no role in the solicitation or procurement of the contract on behalf of the governmental body.5.2.7 Professional landscape architects are responsible for obtaining formal review and approval of design work when such approval is required prior to construction.231 Neb. Admin. Code, ch. 5, § 2
Adopted effective 1/10/2021