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Hiring a License Qualifier? Why You Need a Custom Agreement Before You Start Work

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 … Read more

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

Key Clauses Every Qualifier Agreement Should Include

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. A Qualifier Agreement isn’t just a … 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

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

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

Qualifier Questions Answered: Do I need to attend a CILB meeting to qualify an additional business?

If you are a licensed contractor in Florida looking to qualify an additional business organization, you might be wondering whether you need to appear before the Construction Industry Licensing Board (CILB). According to Rule 61G4-15.0021, the answer depends on specific circumstances related to your involvement with the new business. Key Points of Rule 61G4-15.0021: Practical … Read more

QUALIFIER AGREEMENTS – W-2 EMPLOYMENT IS BEST, BUT THERE MAYBE ALTERNATIVES BASED ON THE UPDATED ADMINISTRATIVE RULE.

In Florida, qualifiers play a crucial role in ensuring that construction businesses operate within the law. While being a W2 employee remains the best practice for qualifiers who are not owners, recent changes to the Florida Administrative Code provide new alternatives. Updated Rule: 61G4-15.0024 Supervision of Business Entities The rule 61G4-15.0024 outlines the requirements for … Read more

Construction & Electrical Qualification – Termination of Qualifier

Fla. Stat. 489.113(3)(a) requires that a qualified business replace its qualifier within 60 days of qualifier termination of qualification. The company cannot continue to operate as a construction business until it replaces its qualifier, however, it may obtain a temporary certificate permitting it to complete incomplete jobs. The analogous electrical contracting statute seems to indicate … 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

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

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

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) To “qualify a business” means the contractor has agreed to accept full responsibility for the business, including financial transactions, signing permits, and supervising all jobs the business participates in. If you are the primary qualifying agent, you are responsible … 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

Construction Company: Financially Responsible Officers (FRO) Fla. Stat. 489

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) What is a Financially Responsible Officer (FRO)? Generally, when a licensed contractor qualifies a construction business entity that qualifier is responsible for both the construction activities of that business and the financial aspects of the business. However, the use … 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