How much liability/responsibility qualifying agent?
FL
I was wondering how frequently licensed individuals put up the license for a company they do not own. What are the liabilities of qualifying a company?
It says in FL that an individual can qualify as many companies as they want. The qualifying agent just has to have a supervisory role. Do you qualify more than one company?
I was wondering how frequently licensed individuals put up the license for a company they do not own. What are the liabilities of qualifying a company?
It says in FL that an individual can qualify as many companies as they want. The qualifying agent just has to have a supervisory role. Do you qualify more than one company?
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In my state you can only do it for one company , and you must be an officer of that company.
I was under the impression that the licensed qualifier had to have a supervisor role. They could push off the financial responsibility to a financially responsible officer. When I called my states licensing board, I was told that one can qualify as many companies as he/she wants. She said that some people qualify 5 or 6 companies.
I am currently qualifying two companies in Florida - one that I own and the other that I work for. The owner of the company is the Financially Responsible Officer, which helps take away a lot of the responsibility, but my license is still at risk if I don't keep an eye on things.
The best person to talk to would be Angie with API processing. They walked me through the process licensing the second company, and helped when it came time to go in front of the board (mandatory). Let me know if you have any other questions!
The best person to talk to would be Angie with API processing. They walked me through the process licensing the second company, and helped when it came time to go in front of the board (mandatory). Let me know if you have any other questions!
What was it like going in front of the board? What questions did they ask you?
They mainly wanted to know whether I was employed by the second company. For some reason my application said that I was being paid on commission which was not the case. I was a W2 employee for 5 months prior to qualifying them, so that was enough to satisfy them. I also said that I was needing to keep my company open so that I could pursue additional side work with my own license, which was fine.
As long as you were a W2 employee or at least a 20% owner you were fine. If you go the owner route, make sure that you have shares in the company and are listed in Sunbiz. W2 seemed to be the easiest one, though. They just want to know that you will be able to oversee the work and that you aren't renting your license.
As long as you were a W2 employee or at least a 20% owner you were fine. If you go the owner route, make sure that you have shares in the company and are listed in Sunbiz. W2 seemed to be the easiest one, though. They just want to know that you will be able to oversee the work and that you aren't renting your license.
Thanks. I figured they wouldn't want someone leasing their license to people. When I called the DBPR about it, the lady told me some people qualify 5 or 6 companies. I don't know how that is possible.
I think in NJ also as Harry said, the license goes with the company name on that license.
I also know for a fact, that a plumber was liable for a job failure, because he put his name on the permit for someone elses job. They screwed up and they went after him and he paid for it dearly.
I'm sure same in Florida like any place else, some contractors let friends or acquaintances work under theirs license for a fee.
I also know for a fact, that a plumber was liable for a job failure, because he put his name on the permit for someone elses job. They screwed up and they went after him and he paid for it dearly.
I'm sure same in Florida like any place else, some contractors let friends or acquaintances work under theirs license for a fee.
All too often!!
greg24k said:
There are two sides to the question or responsibility when you qualify a company in Florida: Construction and Financial.
In regards to the construction related aspects for the company, there must be a person legally appointed as the qualifier to act for the business organization in all matters connected with its contracting business. This individual needs to have been given authority to supervise all construction work performed by the business. If there is already a Primary Qualifier for the business, then another applicant can be secondary while that primary is in place. A secondary is only responsible only for the supervision of fieldwork at sites where his or her license was used to obtain the building permit and any other work for which he or she accepts responsibility. Obviously there must be a primary for a secondary to exist.
Taking on financial responsibility means that if the Construction Industry Licensing Board assesses fines, investigative costs, or restitution to a property owner, these assessments will go against the contractor’s license. If he elects not to be financially responsible, the responsibility would go to the appointed Financial Responsible Officer (typically an owner and/or officer of the company). If the primary qualifying agent (the contractor) will NOT have final approval authority on all business matters, including contracts, specifications, checks, drafts, or payments, regardless of the form of payment, made by the entity then he must appoint a Financially Responsible Officer. This will alleviate his financial responsibility, but he will still be responsible for all construction-related matters.
I hope this helps~
In regards to the construction related aspects for the company, there must be a person legally appointed as the qualifier to act for the business organization in all matters connected with its contracting business. This individual needs to have been given authority to supervise all construction work performed by the business. If there is already a Primary Qualifier for the business, then another applicant can be secondary while that primary is in place. A secondary is only responsible only for the supervision of fieldwork at sites where his or her license was used to obtain the building permit and any other work for which he or she accepts responsibility. Obviously there must be a primary for a secondary to exist.
Taking on financial responsibility means that if the Construction Industry Licensing Board assesses fines, investigative costs, or restitution to a property owner, these assessments will go against the contractor’s license. If he elects not to be financially responsible, the responsibility would go to the appointed Financial Responsible Officer (typically an owner and/or officer of the company). If the primary qualifying agent (the contractor) will NOT have final approval authority on all business matters, including contracts, specifications, checks, drafts, or payments, regardless of the form of payment, made by the entity then he must appoint a Financially Responsible Officer. This will alleviate his financial responsibility, but he will still be responsible for all construction-related matters.
I hope this helps~
Electrical Qualifier without Financial Qualifier
Lisa, Does having dual authority also apply to electrical? You are allowed to have 1 person qualify the electrical work and another as the financial officer? We have an employee that just passed his electrical License and wants to qualify us so we can add Electrical to our services. He said that he has to be the financial qualifier because its electrical. He wants access to all financial information like accounting books and tax returns etc.
Is there another way to do it? Under title ***II chapter 489.521
10a
it says "A business organization proposing to engage in contracting is not required to apply for or obtain authorization under this part to engage in contracting if:
1. 1. The business organization employs one or more registered or certified contractors licensed in accordance with this part who are responsible for obtaining permits and supervising all of the business organization’s contracting activities;
This seems to indicate that we could do electrical work without the qualifier having to be responsible for the financials.
We already have a building contractor working with us that attached his license and I am the financial qualifier for that.
Any advise is much appreciated.
Lisa, Does having dual authority also apply to electrical? You are allowed to have 1 person qualify the electrical work and another as the financial officer? We have an employee that just passed his electrical License and wants to qualify us so we can add Electrical to our services. He said that he has to be the financial qualifier because its electrical. He wants access to all financial information like accounting books and tax returns etc.
Is there another way to do it? Under title ***II chapter 489.521
10a
it says "A business organization proposing to engage in contracting is not required to apply for or obtain authorization under this part to engage in contracting if:
1. 1. The business organization employs one or more registered or certified contractors licensed in accordance with this part who are responsible for obtaining permits and supervising all of the business organization’s contracting activities;
This seems to indicate that we could do electrical work without the qualifier having to be responsible for the financials.
We already have a building contractor working with us that attached his license and I am the financial qualifier for that.
Any advise is much appreciated.
In the Electrical world, a qualifier has to take on the financial responsibility. They do not allow for separate financially responsible officers.
This would be if there was already an electrical contractor, then a secondary contractor could come in and only take responsibility for the permits pulled with their license and have no financial authority because the primary already takes on that role.
This would be if there was already an electrical contractor, then a secondary contractor could come in and only take responsibility for the permits pulled with their license and have no financial authority because the primary already takes on that role.
Electrical
Ok , I was wondering what would be required to satisfy that requirement. In the application it says
I have the authority for approving checks, payments, drafts and contracts on behalf
of the business organization.
I am responsible for supervision of all operations of the business organization;
including, all field work at all sites and financial matters (both in general and for
each specific job).
We are an established General / multi contractor of 11 years here in Florida and Have current clients that need electrical. We have a manager that just passed his Electrical Test and wants to qualify us.
Being a larger company with multiple departments It would not be appropriate for him to control the entire company.
What needs to be done to satisfy the Financial Responsibility aspect?
thank you
Ok , I was wondering what would be required to satisfy that requirement. In the application it says
I have the authority for approving checks, payments, drafts and contracts on behalf
of the business organization.
I am responsible for supervision of all operations of the business organization;
including, all field work at all sites and financial matters (both in general and for
each specific job).
We are an established General / multi contractor of 11 years here in Florida and Have current clients that need electrical. We have a manager that just passed his Electrical Test and wants to qualify us.
Being a larger company with multiple departments It would not be appropriate for him to control the entire company.
What needs to be done to satisfy the Financial Responsibility aspect?
thank you
You need to be able to attest that you have access to the checking account and books and final approval authority on contracts, specifications and payments made by the entity.
I am wondering the same thing. We are about to enter into this kind of partnership with a company as a qualified business. I'm doing all the research now as far as liability to both sides.
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