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 serious legal obligations, and it should never be entered into without a formal, attorney-drafted Qualifier Agreement.
This article explains what qualifier agreements are, how they work, and—most importantly—why both the qualifier and the business owner should seek legal counsel before entering into one.
🏗️ What Is a Qualifier in Florida Construction?
Under Florida law, a qualifier (also called a “qualifying agent”) is a licensed contractor who allows a business to operate under their license. The qualifier is legally responsible for supervising construction activities and ensuring compliance with Florida statutes and regulations.
The qualifier may or may not be actively involved in the day-to-day operations of the business. However, the Construction Industry Licensing Board (CILB) still considers the qualifier the responsible party for the company’s work.
📄 What Is a Qualifier Agreement?
A Qualifier Agreement is a private contract between the license holder (the qualifier) and the construction company that wishes to operate under the license. This agreement should clearly define:
- The scope of the qualifier’s role (how qualifier will supervise work)
- The business’s use of the license
- Compensation for the qualifier
- Insurance and indemnification provisions
- Termination rights and reporting procedures
Without a written agreement, the parties may face disputes, confusion, and legal liability—particularly if the business is sued, cited by regulators, or involved in a project failure.
⚠️ Why a Verbal Agreement Is Not Enough
Too often, a contractor agrees to qualify a business based on a handshake deal or a few text messages. That’s a recipe for disaster.
Without a detailed, attorney-drafted agreement:
- The qualifier may unknowingly take on financial or legal liability for jobs they weren’t involved in
- The company may assume it can act without oversight, creating compliance violations
- There may be no plan for what happens if the relationship ends—or if the qualifier wants out
These risks are not hypothetical. Florida regulators and courts have held qualifiers personally liable for unlicensed activity, defective work, code violations, and more—even if they weren’t physically on the jobsite.
👩⚖️ The Role of Legal Counsel
A well-drafted Qualifier Agreement should:
- Define the scope of responsibility with clarity and legal precision
- Limit the qualifier’s exposure to liability wherever possible
- Establish proper procedures for jobsite supervision, reporting, and termination
- Ensure compliance with Florida’s licensing and contractor laws
At Douglas Law Firm, we regularly represent both license holders and construction business owners in preparing Qualifier Agreements that are clear, enforceable, and protective of our clients’ interests. We don’t use generic templates—we draft custom agreements tailored to each arrangement and based on real-world construction and regulatory experience.
✅ Who Needs a Qualifier Agreement?
If any of the following apply to you, a Qualifier Agreement is essential:
- You’re a licensed contractor being asked to qualify a business you don’t own
- You’re a business owner looking to hire a qualifier to operate legally in Florida
- You’re trying to formalize an existing arrangement that’s currently verbal or undocumented
- You’re concerned about your personal liability or responsibilities as a qualifier
📌 Final Takeaway
Qualifier arrangements are common in Florida’s construction industry—but they are not simple, and the legal risks are real. Whether you’re the qualifier or the business owner, don’t rely on verbal promises, internet templates, or handshake deals.
📞 Contact Douglas Law Firm today to schedule a consultation and let us help you put the right agreement in place—the right way.