licenced in another state

[construct100]

my pe stamp is not at the state I am live at the moment. And looks like it will take some time to transfer my pe here, but i want to move forward with starting my own business now. i was always working somewhere else so far. i plan to mostly do construction management, scheduling and engineering. i will work from home as a side business at first, doing remote work only. for scheduling, engineering and CM, to the extent that i can do remotely.

here is my question:

1-if i setup an LLC here in the state I live, is it still ok, as long as I dont stamp anything that needs this state's stamp (i can not anyway, without a stamp)? i mean first of all, i will also do construction management and construction scheduling work too. second, even if i do engineering work, it will be only for things that i can use my stamp for things that require an engineer from any state. as i said things will be remote and sometimes may be i will get a job that will just require any PE, not a state specific PE.

2-or it is only okay as long as i dont do engineering and advertise any engineering service, and just do construction management and scheduling?

3-or i can not setup a construction consulting business whatsoever here, even if i do only scheduling or construction management, because i am still a PE?

i am confused a little, please help

 

[JedClampett]

If you plan to do engineering or have engineering in your company name, you have to be registered in the State you're in. If you ever look at disciplinary problems for any state, that's the favorite.
But I'd still call the state board and get their opinion. They're always fun to talk to.

 

[construct100]

Then I have 2 alternatives I think:
Alternative 1- setting up a company not where I live but in my license state, even if i can not move to live there for now... for quite a while i plan to do only remote work anyway, whether it is a construction schedule or engineering work... so then it doesn't matter where i physically am, as long as my company, which will do engineering work is in my license state right? does this make sense or what I may be missing here?
Alternative 2- setup a company where I live but don’t do any engineering work until I transfer my license. In that case I can still do construction management, and scheduling and it wont be a problem just because I am a PE, as long as I don’t do any engineering work right?

I will check with state boards and state business offices but still want your opinions too

 

[IRstuff]

I think that you might be able to get away with your first alternative, but if anyone checks, you will be in violation, and since it'll have been done specifically with the intent to hide your location, it'll probably worse than anything else you could do.

TTFN
faq731-376

Need help writing a question or understanding a reply? forum1529

 

[JAE]

1-if i setup an LLC here in the state I live, is it still ok, as long as I dont stamp anything that needs this state's stamp (i can not anyway, without a stamp)? i mean first of all, i will also do construction management and construction scheduling work too. second, even if i do engineering work, it will be only for things that i can use my stamp for things that require an engineer from any state. as i said things will be remote and sometimes may be i will get a job that will just require any PE, not a state specific PE.

A few points on your question 1:
1. There are two issues here - one is your personal license as an engineer and the other is your business entity within a state.
2. For the business entity, some states do not allow an LLC to be set up as an engineering firm if you don't have a license in that state. They sometimes require all or at least one principal to be a PE in that state.
3. You might be able to set up the LLC as just a business without any tie or label to "engineering" practice as long as you don't publicize market yourself in their state as an engineering firm....i.e. protecting the public safety by not "fooling" the public in your city about your services.
4. On the personal PE side, the practice of engineering is regulated by licenses in the state in which the service is offered or put into practice via construction or other response. So if you are offering engineering services to a contractor or other client, and those services are all about design, construction, etc. that is located in the state of your license, then you are OK. It's not where you live but where your services are used.

2-or it is only okay as long as i dont do engineering and advertise any engineering service, and just do construction management and scheduling?

1. The practice of construction management/scheduling, to my knowledge, is generally not considered as engineering.
2. Calling the state engineering board or reading online the state's engineering laws, can tell you whether a particular activity is regulated by the engineering practice laws.

3-or i can not setup a construction consulting business whatsoever here, even if i do only scheduling or construction management, because i am still a PE?

1. Per above - check with the local engineering state board or their laws to see if construction scheduling or management is an "engineering" activity. I think it is not but you'd better check.
2. Your status as a PE in another state wouldn't affect whether you can do construction management/scheduling.

 

[Ron]

What JAE said!

 

[IRstuff]

"4. On the personal PE side, the practice of engineering is regulated by licenses in the state in which the service is offered or put into practice via construction or other response. So if you are offering engineering services to a contractor or other client, and those services are all about design, construction, etc. that is located in the state of your license, then you are OK. It's not where you live but where your services are used."

I would ask your state of residence at least 3 times whether this is true. Your business will be clearly located in your state of residence, and you offer your services from your state of residence. Unless the work is performed out of state, I would seriously doubt that the PE board of your state of residence won't want their pound of flesh. In California, the relevant PE Act passage is, "who practices, or offers to practice," which to me, means that any engineering work performed within the State of California, regardless of its final destination, is under the purview of the California PE Board, and therefore requires a California license.

TTFN
faq731-376

Need help writing a question or understanding a reply? forum1529

 

[JAE]

IRstuff - that is probably a good point. I would think the two options would be

1. The LLC is in the state of residence and the practice as a PE is in the other state

....or.....

2. The LLC is in the state of where the PE license is (and where the project occurs) yet you live in a different state.

The first option may not be valid but I know the second option is. I live near a state line where some engineers commute over the border to work at their business.

 

[IRstuff]

The two cases you have here, I don't have much issue with. My impression is that the OP wants to do engineering in his home state, but have clients in another state without going to the other state to do the work. That's the case I was addressing. There have been postings about analogous issues where an engineer is licensed in his home state, but offering to do work for clients in other states.

TTFN
faq731-376

Need help writing a question or understanding a reply? forum1529