Most qualifier disputes trace back to a handshake deal. The company thought it was buying a license number; the qualifier thought they were taking a passive fee. When a job goes wrong, the board looks at the qualifier, and the qualifier looks for a contract that does not exist. A written agreement prevents that. These are the terms our lawyers include.
Authority and duties
State in plain language what the qualifier supervises and controls: field operations for the license category, hiring of supervisors, permitting, inspections, contracts above a threshold, insurance and financial matters the state ties to the license. Give the qualifier access to the records and accounts needed to exercise that authority.
Compensation
A monthly fee, a salary as an officer or employee, a percentage of revenue for the category, an ownership interest, or a mix. Spell out when it is paid, whether it continues during a suspension of operations, and whether the qualifier is reimbursed for license and continuing-education costs.
Insurance and indemnity
The company maintains general liability, workers' compensation and any other required coverage, names the qualifier where appropriate, and indemnifies the qualifier for claims arising from work the qualifier did not have the opportunity to supervise. The qualifier commits to supervise in fact.
Compliance covenants
No work outside the license scope, no unlicensed subcontractors where licensing is required, permits pulled in the company's name, compliance with the state's contracting statutes and consumer-protection rules, and prompt notice of any complaint, claim or lien.
Term and exit
A defined term with renewal, termination on notice, immediate termination for breach, and the mechanics of exit: who files the board paperwork to remove the qualifier, how open jobs are finished, and what the company must do to avoid operating unlicensed in the gap.
Dispute resolution
Governing law, venue, and whether disputes go to mediation or arbitration first.
Our Qualifying Agreement Package covers all of this, with a separate review call for each party.