Cengage Advantage Books: Business Law Today, The Essentials 10th Edition by Roger LeRoy Miller

تمرين 14

Sturdza v. United Arab Emirates
FACTS The United Arab Emirates (UAE) held a competition for the design of a new embassy in Washington, D.C. Elena Sturdza-an architect licensed in Maryland but not in the District of Columbia-won. Sturdza and the UAE exchanged proposals, but the UAE stopped communicating with her before the parties had signed a contract. Two years later, Sturdza learned that the UAE had contracted with a District of Columbia architect to use another design. Sturdza filed a suit against the UAE, alleging breach of contract.
ISSUE Can an architect who is not licensed in the District of Columbia sue to enforce a contract under which she was to perform architectural services in the District of Columbia?
DECISION No. According to the licensing statute, an architect cannot recover on a contract to perform architectural services in the District of Columbia if she or he lacks a District of Columbia license.
REASON Sturdza argued that the licensing statute should not apply to architects who submit plans in international architectural design competitions. The court held, however, that licensing requirements are necessary to ensure the safety of those who work in and visit buildings in the District of Columbia, as well as the safety of neighboring buildings. Besides, the statute contains no exception for international design competitions or any other type of client or service. "We must apply the statute as it is written and not create ad hoc [impromptu] exceptions by judicial decree based on nebulous [unclear] policy considerations."
CRITICAL THINKING-Global Consideration The architectural services at the center of this case were to be performed for a foreign embassy. Should the court have made an exception for such a circumstance? Why or why not ?