Contractor Qualifier Agreement Florida
• Failure to issue a permit by subsequent events – bankruptcy, criminal convictions, non-compliance with a judgment, and non-renewal of a license are all events that may or may not result in the non-license of an already licensed contractor. Although the loss of a licence due to non-renewal does not require further explanation, licence suspensions and revocations due to criminal activities or bankruptcies have been decided by the administrative and district courts. 8 Fla. Stat. §489.111(2)(b), expanded on in section 489.111(3)(a)-(b). Convictions for fraud and construction-related crimes may prevent a permit, but not always. See Scherer v. Dep`t of Bus. & Prof`l, 919 Sun. 2d 662, 664 (Fla. 5th LOAC 2006) (observation that the refusal of the licence on the basis of a previous conviction “requires a link between the conviction for a crime and the professional liability of a contractor.”). The owners asserted that chapter 489 of the laws of Florida, in particular sections 489.119 and 489.1195, created a cause of action against a qualified agent who does not supervise his contractor`s construction projects. In particular, they argued that sections 489.119 and 489.1195 imposed a duty of supervision on the qualified representative and that a breach of that duty in itself constituted negligence or at least sufficient evidence of negligence to refer the case to a jury.
On appeal, the Florida Supreme Court found that a qualified agent is required to oversee the contractor`s construction projects, but that failure to do so does not result in a private cause of action against the agent. Companies14 that want to operate as entrepreneurs in Florida must go through a two-step process that begins with individual “certified contractors.” 15 A person must first demonstrate the necessary competence in one of the categories referred to in Article 489.105(3)(a) to (o)16, after which the State issues a certificate to that person17, which is then regarded as a `certified contractor` and `may conclude contracts in any court of the State without having to comply with the jurisdiction requirements of that court`. 18 81 Earth Trades, Inc.c. T&G Corp., 108 So.3d at 585 (Fla. 2013) (“Although previously contracts with unlicensed contractors were not enforceable by either party, these [2003] amendments allowed the other party to the construction contract – whether a consumer, owner or licensed contractor – to seek judicial performance of the contract, regardless of the contractor`s unauthorized status.”). If you have a contractor`s license, listen! Getting paid to use your contractor`s license to get approval from others may seem like a cost-effective offer, but it`s a high-risk transaction to avoid. 43 See DBPR, Unlicensed Activity, www.myfloridalicense.com/dbpr/reg/ula.html. All entrepreneurs who use a qualifier to obtain a business licence should have a qualification agreement with that qualifier to ensure that the qualifier and the entity understand the rights and obligations that have accrued to each other. Chapter 455, Regulation of Enterprises and Professions — The General Provisions Apply to All Licensed Professions, including Entrepreneurs, and sections 227 to 228 describe the reasons for discipline in unauthorized activities and criminal proceedings against licensees. Much of the wording of these sections mirrors that of the related sections of Section 489, and reference is made to F.S.
in administrative proceedings. §455.227-28 is often done at the same time in reference to F.S. §§489.127-29. In Department of Business and Professional Regulation, Construction Industry Licensing Board, Petitioner v Andres R. Villarreal, Defendant, Fla. Div. Admin.Hrgs., 11-004156PL, the respondent was found guilty of violating section 489.129(1)(b) of the F.S. and would also have been found guilty of a second count of violation of section 455.227(1)(c) of the F.S. if it had overlapped.53 11 Chapter 489 is divided into three parts. This discussion is limited to Part I, which deals with the licensing of all except operators of power plants, alarm systems and septic tanks. The factual model reads like a test question From Chapter 489: In 2003, the Metropolitan owner approached the PCI Licensed Contractor about an upcoming construction project. PCI`s clients formed a new legal entity – Lake Eola Builders, LLC (LEB) – to carry out the project.
.