Avoiding Risk and Regulatory Problems When Using Someone Else’s License in Florida
If you’re a construction business owner in Florida and you’re not personally licensed, one option is to hire a qualifying agent—a licensed contractor who agrees to let your company operate under their license.
It’s a common arrangement in the Florida construction world. But it’s also one of the most legally sensitive and high-risk relationships you can enter into as a business owner.
Without a proper Qualifier Agreement, you risk delays, disputes, and even disciplinary action that could jeopardize your projects or shut down your company.
Here’s why you should always have a custom, attorney-drafted Qualifier Agreement in place before you start work under someone else’s license.
🏗️ What Is a Qualifier? (And Why You Need One)
In Florida, most types of construction work require a license. If you don’t personally hold one, you can’t legally perform that work—unless your business is qualified by someone who does. That’s where a qualifying agent comes in.
A qualifying agent is a licensed contractor who assumes legal responsibility for your company’s construction activities. They allow your business to operate under their license, and in return, you compensate them—usually with a flat monthly fee, a percentage of revenue, or a per-project rate.
⚠️ Why a Verbal Agreement Isn’t Enough
Too many business owners treat the relationship casually:
“He’s got the license—I’ll pay him a monthly fee, and we’re good.”
But if anything goes wrong on a jobsite…
If the qualifier backs out halfway through a project…
If DBPR or the Construction Industry Licensing Board starts asking questions…
…you’ll need a signed, detailed Qualifier Agreement to protect yourself.
Without one, you may not be able to prove:
- That the qualifier agreed to stay on for the length of the project
- What you’re responsible for (vs. what the qualifier must oversee)
- What happens if the qualifier terminates unexpectedly
- That your business wasn’t engaged in unlicensed contracting
📄 What Should a Qualifier Agreement Cover?
While each agreement should be tailored to the relationship, at a minimum, it should include:
- Scope of the qualifier’s role (active vs. passive supervision)
- Compensation structure and payment terms
- Responsibility for jobsite oversight, permits, and compliance
- Insurance and indemnification provisions
- Termination and transition procedures
- DBPR reporting obligations
Trying to handle this with a generic online template—or worse, a handshake—is inviting trouble.
👨⚖️ Why Legal Counsel Is Essential
At Douglas Law Firm, we regularly draft and review Qualifier Agreements for construction businesses across Florida. We help owners:
- Understand what they’re legally allowed to do under a qualifier arrangement
- Protect their business if the qualifier pulls out mid-project or is disciplined
- Minimize the risk of a DBPR violation or investigation
- Put the right insurance and contract terms in place from the beginning
A good Qualifier Agreement doesn’t just protect the license holder—it protects you, the business owner, by giving you legal clarity and operational continuity.
🚫 What Happens Without a Written Agreement?
We’ve seen it happen too many times:
- The qualifier disappears mid-job, leaving the company unable to pull permits
- A customer files a complaint with DBPR, and the business can’t prove who was responsible
- The business has no recourse when the qualifier demands more money—or stops responding
- A project fails inspection and the company gets flagged for unlicensed activity
These issues aren’t hypothetical—they’re real consequences that can threaten your business.
✅ Don’t Wait Until It’s Too Late
If you’re about to start work under someone else’s license, don’t assume it’s “just paperwork.” A Qualifier Agreement is your operational foundation and legal safety net.
📞 Douglas Law Firm focuses on these relationships. We help construction business owners put the right agreements in place to protect their projects, avoid licensing issues, and maintain full legal compliance.