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What Is a Qualifier Agreement in Florida?

Understanding License Qualification and the Importance of Doing It Right In Florida, many construction companies operate under a license that doesn’t belong to the owner—but rather to a qualifying agent. This arrangement allows the business to legally perform work that requires licensure, even if the owner or officers themselves aren’t personally licensed. But this setup involves … Read more

License Qualification in Florida: What a Qualifier’s Responsibilities Really Are

License Qualification in Florida: What a Qualifier’s Responsibilities Really Are

Understanding the Legal Duties of Qualifying Agents Under Florida Law If you’re a licensed contractor in Florida, you’ve likely been approached by someone asking: “Will you qualify my company so we can operate under your license?” On the surface, it may seem like a simple business arrangement. But the moment you agree to become a qualifier—or … Read more

Legal Tips for Developers: Managing Contractor Disputes in Florida

Legal Tips for Developers: Managing Contractor Disputes in Florida

If you’re a developer in Florida, disputes with contractors aren’t just inconvenient — they can delay projects, increase costs, and threaten your bottom line. From missed deadlines to payment conflicts or construction defects, it’s critical to manage contractor issues proactively and legally to keep your project moving. This guide outlines key legal tips for Florida developers to … Read more

Hire a Florida Attorney to Send a Demand Letter That Gets Results

Hire a Florida Attorney to Send a Demand Letter That Gets Results

Why Legal Demand Letters Are More Effective—and How We Can Help If you’ve been ignored, underpaid, or wronged by a person or business, you may be considering a demand letter. It’s a smart move—but here’s the truth: a demand letter from a Florida attorney carries far more weight than one you write yourself. Whether you’re trying to … Read more

Business Fraud vs. Breach of Contract: Key Differences

Business Fraud vs. Breach of Contract: Key Differences

Not every broken promise is fraud — and not every breach of contract is just a business mistake. In Florida, the line between a breach of contract and business fraud can determine whether you can recover punitive damages, rescind a deal, or hold someone personally liable. If your company has been misled, shortchanged, or outright lied to, it’s important … Read more

Are You Personally Liable? Understanding the Risk of Qualifying a Company in Florida

What Every Contractor Should Know Before Lending Their License In Florida, it’s common for licensed contractors to be asked to “qualify” a construction company. Maybe it’s a friend, a former employer, or a business partner offering a monthly fee in exchange for the use of your license. Sounds like easy money, right? But here’s what … Read more

Scope Creep and Extra Work: How to Protect Yourself in Florida Projects

In construction, the original scope of work rarely stays the same from start to finish. Owners request extras. Contractors adjust timelines. Subcontractors add tasks to stay on schedule. Before long, the project has ballooned beyond the original agreement — a phenomenon known as scope creep. If you’re a contractor, subcontractor, or supplier working on Florida construction … Read more

Why Every Contractor Needs a Written Qualifier Agreement—Not Just a Verbal Deal

Qualifier Agreement

Protecting Your License, Your Business, and Your Liability In Florida’s construction industry, it’s not uncommon for licensed contractors to “qualify” a business—allowing that business to operate under their license. Often, these arrangements are made informally: a few conversations, a handshake, and maybe some text messages to confirm payment terms. But here’s the truth: qualifying a company … Read more

Can You File a Lien Without a Written Contract in Florida?

In the fast-paced world of construction, not every deal is formalized in writing — especially on smaller jobs or when long-standing relationships are involved. But what happens when payment doesn’t come through? Can you still file a construction lien in Florida if your agreement was verbal? The short answer: Yes, you can — but only under certain … Read more

DPBR Complaint: You received a Uniform Complaint. What do you do now?

The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more. A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that … Read more

Construction Qualifying : No, your Qualifier doesn’t need an ownership interest in the Qualified Business.

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) There is no requirement for a qualifier to own a percentage of the qualified business. There is no requirement that the qualifier of your construction business must have an ownership interest in your company in order for the DPBR … 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

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) 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 … 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

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) 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 … Read more

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

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) 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 … Read more

Construction Contracting: Contractors Can Contract for Limited Work Outside Scope of License

Contractors Can Contract for Limited Work Outside Scope of License Florida Statute 489.113 specifically allows for licensed general contractors to contract for a limited scope of work outside of their licensure provided the majority of the work to be performed under the contract is within the licensure. A properly licensed contractor must still perform the work,( … Read more

Florida Lien Law: Liens and Leases

Can lienors that perform work on a construction project under a contract with a lessee (tenant) foreclose on the Owner’s interest? Quick Answer: It depends. The not so quick answer starts with a basic rule and continues with exceptions, all found in Fla. Stat. 713.10. Basic Rule: 713.10 (1) Except as provided in s. 713.12, … Read more

Construction Contracting: Prohibited Practices “Rent-a-License”

An unlicensed handyman pulls a permit using a friends contracting license. This happens all the time. Its unlawful, and most important, when it happens, the homeowner will not have to pay for the work. However, many handymen (read unlicensed person) think they are acting lawfully, and even diligently, by having a properly licensed professional pull the … Read more

Construction Qualifiers: Qualifying More than One Construction Business in Florida

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Can a construction licensee qualify more than 1 construction business? Yes. A qualifier may qualify two or more businesses. You may access the application to qualify an additional business entity online at http://www.myfloridalicense.com/dbpr/construction-industry/. However, the Construction industry licensing board … Read more

Construction Companies: Secondary Qualifying Agent

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) What is a Secondary Qualifying Agent? A secondary qualifying agent is responsible only for: 1. The supervision of field work at sites where his or her license was used to obtain the building permit; and 2. Any other work … Read more

Do I need to be licensed to perform certain Contracting or Electrical Work?

It is not always clear whether certain scopes of work require a licensed professional to perform, or if they can be performed by a handyman. The DBPR’s Construction Contracting website offers examples of services that require a person with a Florida license to perform.  The list is not all inclusive. Needs a License Does not … Read more

Construction Contracting: Mandatory Provisions for Residential Contracts

Florida law requires contractors to include 2 mandatory provisions in their contracts when the contract is for improvement to residential property, the Florida Lien Law disclosure and the Florida Homeowner’s Construction Recovery Fund. FLORIDA LIEN LAW MANDATORY PROVISION FOR DIRECT CONTRACTS Source: Fla. Stat. 713.015 Mandatory provisions for direct contracts.— Applies to: Any direct contract greater than $2,500 … Read more

Overhead and Profit Includable In Florida Construction Lien – Maybe?

Fraudulent Lien

A claim of lien may cover the reasonable value of the work performed and in place inclusive of profit and overhead,  if such overhead and profit is a component of the reasonable value of the work. Under Florida Law, a lineor is entitled to a lien for money owed for labor, services, and materials provided to … Read more

Failing to Perform Contract Promise is Not Fraudulent Inducement

Florida Law is well settled that a contractual promise not performed is not tantamount to fraud. As a general rule, fraud cannot be predicated upon a mere promise not performed.  Alexander/Davis Properties, Inc. v. Graham, 397 So.2d 699, 706 (Fla. 4th DCA 1981), petition for review denied, 408 So.2d 1093 (Fla. 1981).  Moreover, to cross … Read more

Unjust Enrichment Claims Against Project Owner, Not so Fast.

subcontractor unjust enrichment

When are subcontractor claims against an owner for unjust enrichment appropriate ? In Maloney v. Therm Alum Industries, Corp., 636 So. 2d 767 (FL. 4th DCA 1994), the Court held that a subcontractor could not sue an owner for unjust enrichment unless and until the subcontractor had exhausted its legal remedies against the general contractor with … Read more

Construction Law: Qualifier/Qualifying Agreement, Sample Provisions, Florida General Contractor

subcontractor unjust enrichment

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more information, Click Here!) For any contracting business to legally operate in the State of Florida, a qualifying agent must be certified or registered with the Department of Business and Professional Regulation in the category of contracting in which the qualifying agent is … Read more

Oral Modifications to Construction Contracts, Florida Construction Law

Oral Modifications to Construction Contracts, Florida Construction Law Many written contracts between contractors and owners contain provisions to the effect of “all modifications to this contract must be made in writing.” And when litigation invariably arises from  non-payment for modifications that are performed without  being reduced to a written change order, or other writing, a … Read more

Andrew Douglas, P.A. Construction Attorney Representing Landscape Architects

Andrew Douglas, P.A. Construction Attorney Representing Landscape Architects Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Landscape Architectss. A Landscape Architects is defined under Florida Law as: “Landscape architecture” means professional services, including, but … Read more