Don’t Stress About Personal Liability as a Qualifying Agent in Florida

1. The Florida Supreme Court ruled that a qualifying agent has a duty to supervise a contractor’s construction projects.
2. However, the failure to meet that duty does not give rise to a private cause of action against the agent.
3. The case of Murthy v. N. Sinha Corp. established that the qualifying agent is not individually liable for construction defects under Florida Statutes Chapter 489. 1. The Court found that Chapter 489 was created to regulate the construction industry and ensure public safety, not to create a private cause of action against a qualifying agent.
2. The case of Scherer v. Villas Del Verde Homeowners’ Association, Inc. extended the ruling that there is no private cause of action against a qualifying agent for building code violations.
3. The case of Evans v. Taylor established that a qualifying agent can be subject to a cause of action for deceptive and unfair trade practices in his individual capacity if he personally performed substandard and non-compliant work.

https://www.jimersonfirm.com/blog/2017/10/personal-liability-qualifying-agents-florida/