Many construction companies question whether its “Qualifying Agent” (QA) can be liable for building code violations as a result of that person holding the license under which the company operates. The question has been answered with a resounding “No.”
A contractor’s QA is not liable for building code violations – notwithstanding F.S. 553.84, which creates a cause of action for anyone damaged as a result of a violation of the Florida Building Code. That was the holding in Scherer v. Villas Del Verde Homeowners Ass’n, 55 So.3d 602 (Fla. 2DCA 2011), which made “explicit what is perhaps implicitly stated in the Supreme Court of Florida decision in Murthy v. N. Sinha Corp., 644 So.2d 983 (Fla. 1994), that the qualifying agent statute, Chapter 489, Florida Statutes governs the conduct of the qualifying agent and the cause of action for violation of the building code is limited to the contracting entity itself.
It is now clear, through the holding in Scherer, that a contractor’s QA is not liable for building code violations.