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Construction Law Authority / Construction Licensing  / A Contractor’s Obligations When a Qualifier Is Laid Off OR RESIGNS

A Contractor’s Obligations When a Qualifier Is Laid Off OR RESIGNS

Downsizing of personnel is an unfortunate reality in the current economy. Most companies have already downsized and consolidated less important positions, but I’m starting to see more companies having to go to the next step and release some of their construction qualifiers. If you find yourself doing so as well, pay close attention to the requirements and ramifications under the Licensing Code.

First, make sure you are retaining at least one licensed contractor who can qualify your company. Second, both you and the released qualifier must notify the Construction Industry Licensing Board of the loss of the qualifier. Pursuant to §489.119(3)(a) of the Florida Statutes, you will have 60 days in which to replace the qualifier, which requires filing the appropriate licensure applications with the CILB. This 60 day period can usually be extended an additional month upon a showing of good cause. Until you are newly qualified, you can complete work in progress or proceed with contracts for bids you have already submitted, but you can’t bid for new work.

You should also notify in writing all building departments from which open permits have been issued under the qualifier’s license.

Lee Weintraub

Lee Weintraub

lweintraub@bplegal.com

At age 46, Lee Weintraub was the youngest recipient ever of the Lifetime Achievement Award from the Florida Bar’s Construction Law Committee. Mr. Weintraub is also an adjunct professor of law at Nova Southeastern University Shepard Broad College of Law teaching construction law. Mr. Weintraub has been recognized by Chambers USA – America’s Leading Business Lawyers every year since 2003. Chambers USA noted he focuses on licensing and construction defect litigation, but is particularly renowned for his expertise in the Construction Lien Law. He was also selected in the The Best Lawyers in America© every year from 2006 through 2018.

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