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Avoiding Legal Trouble as a Qualifying Agent: What Should Be in Your Agreement

Florida Lien Guide

Protecting Your License, Reputation, and Future as a Florida Contractor

Serving as a qualifying agent in Florida means more than allowing someone else to use your license—it means assuming legal responsibility for a construction business’s operations. And with that responsibility comes risk.

Too many licensed contractors get involved in qualifier relationships without a solid, attorney-drafted agreement in place. They rely on trust, informal arrangements, or vague templates—only to discover later that they’re exposed to lawsuits, DBPR complaints, financial liability, and licensing discipline.

If you’re a licensed contractor considering qualifying a company, here’s what your agreement must include to protect yourself and stay compliant with Florida law.


⚠️ Why This Matters

Under Florida Statutes Chapter 489, a qualifier can be held:

In short: you may be sued, fined, or disciplined for things the business did without your knowledge—unless your agreement and DBPR filings protect you.


📝 What Should Be in a Qualifier Agreement?

A proper Qualifier Agreement is your first line of defense. It creates clarity, allocates risk, and ensures your role is documented. Below are the key elements your agreement should include:


1. Scope of Responsibility

Define what you’re responsible for—and what you’re not. Will you:

This clause should clearly state whether you have day-to-day control, and whether your role is active or passive. It also should specify that you’ll be notified of any projects, violations, or permit issues.


2. Compensation Terms

This section should address:

Remember: if you’re still listed as the qualifier but not being paid, you may still be liable.


3. Indemnification & Insurance

One of the most important clauses. It should:

This clause can make the difference between facing a lawsuit alone or being properly defended and protected.


4. Termination Rights

What happens when the relationship ends? Your agreement should:

Delays in DBPR filings can prolong your liability, so this clause is critical.


5. DBPR Compliance & Cooperation

The agreement should require the company to:

Without access to this information, you may unknowingly fall out of compliance.


6. Limitation of Liability

This clause can help limit your financial exposure by:

While not always enforceable in third-party cases, this clause can help in disputes between you and the company.


7. Exit & Project Wrap-Up Procedures

What happens to open projects if you exit? Consider requiring:

This protects your reputation and shows good faith to the CILB if issues arise later.


At Douglas Law Firm, we don’t use fill-in-the-blank templates or recycled contracts. We draft custom Qualifier Agreements tailored to:


✅ Bottom Line: Get It in Writing—and Get It Right

You’ve worked hard for your license. Don’t put it at risk for someone else’s business without clear, enforceable protection.

📞 Douglas Law Firm represents licensed contractors throughout Florida and focuses on qualifier agreements, compliance, and risk reduction.

Contact us today to schedule a consultation and let us help you protect your license before you sign on the dotted line.

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