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Company Qualifier

Business Law discussions

Company Qualifier

Postby Roddrick » Sat Oct 22, 2016 12:26 pm

Hi there, I am an Electrical Contractor state of FL. I recently signed a contractor/subcontractor agreement with a high profile, nationally recognized contracting company. They have a local office in FL with a company qualifier. This qualifier has a state certified building contractor license.(I possess a state certified electrical contractor license). As you may know, contractor licensing is purely regulated from state to state. So far so good... My question is this: the person whom I signed the agreement with is absolutely fine, I have completed jobs and have produced bids for future jobs. However, this person(the qualifier for the company) is apparently between a rock and a hard place, because the nationally recognized contracting company is trying to take advantage of their local license, not yielding any decision-making authority to the license holder. As I understand it, company qualifiers are responsible financially for their business, what recourse does this person have? I own my own business, I surely would make personnel changes as needed.

If you qualify a company, you should have complete control of field supervision, quality control, finances, and finality in regard to any decision making process.

Sincerely,

Roger C.
Roddrick
 
Posts: 37
Joined: Sat Jan 04, 2014 2:19 am

Company Qualifier

Postby Herschel » Mon Oct 24, 2016 5:36 pm

Hi there, I am an Electrical Contractor state of FL. I recently signed a contractor/subcontractor agreement with a high profile, nationally recognized contracting company. They have a local office in FL with a company qualifier. This qualifier has a state certified building contractor license.(I possess a state certified electrical contractor license). As you may know, contractor licensing is purely regulated from state to state. So far so good... My question is this: the person whom I signed the agreement with is absolutely fine, I have completed jobs and have produced bids for future jobs. However, this person(the qualifier for the company) is apparently between a rock and a hard place, because the nationally recognized contracting company is trying to take advantage of their local license, not yielding any decision-making authority to the license holder. As I understand it, company qualifiers are responsible financially for their business, what recourse does this person have? I own my own business, I surely would make personnel changes as needed.

If you qualify a company, you should have complete control of field supervision, quality control, finances, and finality in regard to any decision making process.

Sincerely,

Roger C.
Herschel
 
Posts: 36
Joined: Fri Mar 21, 2014 4:42 pm

Company Qualifier

Postby Bradwen » Thu Oct 27, 2016 9:10 am

Dear Roger C,

What i can understand from your question is that, you want to know what recourse does the qualifying party has in this circumstance that he is not allowed to have complete control of field supervision, quality control, finances and decision-making authority. Well, i will start by saying that, i will view the relationship between the qualifying and the party being qualified to be a contractual one. And i guess, in the scenario you have explained, such may not have been else, there would not have been "a rock and a hard place" situation because the roles, terms and rights of each party would be spelt out if a contract has been in place and probably, if there is a contract, then, the limits and rights could be relied upon to ascertain controls, checks and balances. If any of the party could then establish a breach and suffer any loss as a result therefrom, them, the redress mechanism which should have been embedded in the contract can then be invoked.

In summary, my advice will be to check if there are written rules and rights(qualifying agreement)of the parties in the qualifying relationship, the non-satisfying party can search for applicable part that governs that and invoke such and if not, then, there may be some challenges, notwithstanding, there must be applicable laws in the state of Florida that should deal with that. I hope this helps. If there is any other clarification, let me know.

Thanks.

'Femi
Bradwen
 
Posts: 58
Joined: Sat Jan 11, 2014 11:08 am


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