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Key Clauses Every Qualifier Agreement Should Include

What Florida Contractors and Business Owners Need to Protect Their Interests

In Florida’s construction industry, it’s common for a licensed contractor to qualify a company they don’t own. But too often, these arrangements are based on trust, a few emails, or a handshake—without a written agreement.

That’s risky for both sides.

Qualifier Agreement isn’t just a formality. It’s a legal contract that protects the license holder (the qualifier) and the construction business they are qualifying. The right terms can help avoid disputes, clarify responsibilities, and limit liability.

Here are the core clauses every Qualifier Agreement should include—and why you should work with an attorney to get them right.


🧾 1. Compensation

How much is the qualifier being paid, and when? This clause should outline:

This is often the first thing parties agree on—and the first thing they fight over when it’s not written down clearly.


🛡️ 2. Indemnification

This is one of the most important protections for the license holder. An indemnification clause addresses:

These clauses should be carefully worded and tailored to the specific risks of the arrangement. A poorly written indemnification clause may offer little or no real protection.


👷‍♂️ 3. Supervision and Responsibility

Under Florida law, a qualifying agent may be held responsible for supervising construction activity—even if they’re not physically present. This clause should define:

This helps clarify expectations and manage legal risk—especially if the qualifier is not a company officer or employee.


📉 4. Limitation of Liability

If a customer sues the company or something goes wrong with a job, this clause can help limit the qualifier’s exposure. While indemnification covers third-party liability, a limitation of liability clause can restrict the scope and amount of potential claims between the parties themselves.


📑 5. Insurance Requirements

To minimize risk, the agreement should require the business to carry and maintain appropriate insurance, including:

It may also require the qualifier to be named as an additional insured, depending on the arrangement.


📆 6. Term and Termination

The agreement should specify:

This clause is critical to preventing situations where the qualifier wants out—but can’t, or doesn’t know how.


📣 7. Reporting and Notification Obligations

The qualifier may need certain information to stay compliant with state regulations. This clause should address:


🔒 8. Confidentiality / Non-Disclosure

This clause protects sensitive information, trade secrets, or proprietary processes, particularly if the qualifier works with multiple companies or competitors.


🔚 9. Exit Obligations

If the relationship ends, the agreement should spell out:


👨‍⚖️ Why You Need Legal Counsel—Not a Template

These clauses aren’t just boilerplate. In Florida, a poorly drafted or incomplete Qualifier Agreement can:

At Douglas Law Firm, we regularly draft and review Qualifier Agreements tailored to the real-world needs of Florida contractors and construction businesses. We know how to protect both parties, comply with the law, and prevent legal surprises down the road.


📌 Final Thought

Whether you’re a licensed contractor or a business seeking a qualifier, don’t leave your license—or your business—vulnerable.

📞 Contact Douglas Law Firm today to have a Qualifier Agreement drafted or reviewed by an attorney who knows Florida contractor law.

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