Qualifying a Construction Business in Florida: How much should the Qualifier be paid?

Oftentimes, Qualifiers ask the firm when preparing their Qualifier Agreements, “How much should I get paid?” While, there is no clear answer to this question, there are some things to consider . First and foremost, a qualifier should ask himself/herself how many hours do I expect to work each week to dutifully perform my work … Read more

Attorney Andrew Douglas Sworn in as Broward County Traffic Hearing Officer

FORT LAUDERDALE, FLORIDA – (December 28, 2018)  Andrew Douglas, P.A., proudly announces that on December 5, 2018 its principal attorney Andrew Douglas was sworn in as a Traffic Hearing Officer for the Seventeenth Judicial Circuit in and for Broward County, Florida. In addition to his litigation practice, Attorney Douglas will adjudicate traffic infraction matters at … Read more

Personal Liability for Fraudulent Lien or Slander of Title for Lien filed on Behalf of Business, Not So Fast.

Executing a lien on behalf of the contracting entity does not create individual liability. See BRUCE TANSEY CUSTOM CARPENTRY, INC. v GOODMAN , 33 So.3d 70, (Fla. 2nd DCA 2010), “Even if the complaint had alleged that Tansey was individually liable, the evidence did not support individual liability where Custom Carpentry was the lienor and Tansey signed … Read more

Andrew Douglas P.A. Successfully Defends Felony Unlicensed Contracting Charge for Client

WESTON, FLORIDA – (July, 5, 2018) Andrew Douglas, P.A., is pleased to announce that it has successfully defended its client against a felony criminal charge of Unlicensed Contracting During a Declared State of Emergency (Engage in Contracting Violation During Existence of State of Emergency.) The State Attorney’s Office for the 15th Judicial Circuit, in and … Read more

Financially Responsible Officer Designation Not Available for Electrical Companies

Florida Statute 489.119 permits Construction Companies to designate a Financially Responsible Officer (FRO). This allows a construction company to bifurcate the construction responsibilities from the financial responsibilities of the company. This is used, generally, when a construction company utilizes a non-owner construction licensee (general contractor) to qualify the construction business. Allowing the non owner to … Read more

Florida Lien Law: Using Lien Statute to Foreclose Worthless Collateral, Why and When?

Recently, the Florida Construction Attorney Articles discussed how tenant improvements can subject a landlord to lien liability (see Article on Florida Lien Law: Liens and Leases), but what can be done when a Fee Simple Owner properly avoids liability through compliance with Fla. Stat. 713.10(2)(a) which states, “[w]hen the lease expressly provides that the interest of the … Read more

Florida DBPR CILB – Finding the Forms to Qualify Business Entities and Additional Entities on DBPR Website

Go to the Website for DBPR Construction Industry http://www.myfloridalicense.com/DBPR/construction-industry/ 2. Click on the Apply for a License Tab   3. Click on your License type. Choose form to Qualify Business or Qualify Additional Business. Forms Include: For new licensees use form 6(x) or 7(x), existing licensees use Form 9. CILB 6-G – Class A air … Read more

Construction Law: Qualifier/Qualifying Agreement – Qualifying Additional Business Entities – Proof of Supervision

In recent years, the Construction Industry Licensing Board (“CILB”)has expressed concerns with qualifiers that qualify more than one business entity. The CILB requires that a licensee appear before the board at a monthly meeting in order for the board to approve such licensee to qualify an additional business. This in-person evaluation is one way the … Read more