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 certified or registered.
All Contracting Businesses that employ a qualifier to license their business should have a Qualifier Agreement in place with that qualifier to ensure that both the qualifier and the business understand the rights and obligations owed to one another.
If you need a Qualifier Agreement for your company we can draft an agreement that meets your needs, usually within a day or two. To start the process of drafting a Qualifier Agreement you need to know the basic terms of the agreement including what compensation the qualifier will receive.
To start the process of drafting a Qualifier Agreement you need to provide the basic terms of the agreement for compensation between the company and the qualifier and provide the full legal names of the qualifier and your company.
Below are some sample provisions from a Florida General Contractor’s Qualifying Agreement.
In addition to a Qualifier Agreement, the qualifier should also have in place a separate indemnification agreement to protect the Qualifier and cover any damages, and defense costs, that could be incurred by the Qualifier for any claims made for its work as a Qualifier.
Whether you are qualifying your first business entity, or. an additional business, we can help. Call now 954.474.4420 to discuss your qualifier agremeent needs.
This Agreement made this ____ day of April, 2017 by and between ______ (hereinafter “Qualifier”) and _______, (hereinafter “Company”) wherein it is agreed as follows:
- Qualifier’s Obligations- Qualifier shall be employed by and act as Qualifier for Company as such position is defined in Florida Statute Section 489. et seq., and shall perform all duties and obligations ascribed to a Qualifier pursuant to Florida Statute Section 489. et seq. [SHOULD ALSO INCLUDE ANY ADDITIONAL RESPONSIBILITIES OF QUALIFIER]
- Compensation (sample)- Company shall pay Qualifier an annual salary of _______, together with a bonus based upon the schedule attached hereto as Exhibit “A”.
- Term- This Agreement shall continue at Company’s discretion, or upon termination as provided herein. Qualifier shall maintain an active state of Florida General Contractor’s License throughout the term of this Agreement.
- Indemnification- Company shall defend indemnify and hold Qualifier harmless from all liability attributable to Qualifier’s performance of his duties as Qualifier under this Agreement, with the exception of any intentional or willful torts or other intentional acts of misconduct. The Qualifier and the Company, [and Shareholders] will execute a separate Indemnification Agreement.
- Termination- Qualifier shall not terminate this Agreement or take any action to remove itself as the Qualifier of Company except with 120 days prior written notice to Company. Company may terminate this agreement at will upon thirty days written notice to Qualifier. In such event, Qualifier shall be entitled to salary through one month after the effective date of termination, together with Qualifier’s pro-rata share of any Bonuses accruing through the last date of Qualifier’s performance as Qualifier.
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