Qualifying Agent Services

and/or

Getting Your Own Georgia General Contractors License

We aren't lawyers, and this is not legal advice. We have however been down the road of acquiring a General Contractors License in Georgia. We are simply sharing some information, wisdom, and opinion picked up along the way. No legal advice given or implied.

Did you know, that in the state of Georgia...

Georgia Law will not enforce a contract for over $2,500.00 if the "Contractor" doesn't hold a trade license?

Don't take my word for it. Read here: Georgia Contract Enforcement

You can work as a "Limited Service Specialty Contractor" in Georgia and still be covered for your specialty.  So if you are a flooring contractor, tile setter, framer, siding, concrete work, drywall, painters, and operate as a single specialty contractor you are sure of being able to enforce your contracts in Georgia. Even those contracts over $2,500.00 The Georgia Secretary of State's Office has developed a great tool to see exactly where the lines are in Georgia. You are still able to organize sub contractors within your specialty to do you work. Go down to the "Policy Statements" section on the page and find your specialty.  It will list out the guidelines for the specialty. These are updated as they refine the rules. Limited Service Specialty Contractors. 

Operating as a "Specialty Contractor" in Georgia but performing multiple specialties on the same job  is when you begin to weaken your position to enforce your contract in court. When you start performing work in various specialties on the same project is when you increase the risk of being viewed as performing work as a General Contractor. Then you are performing work outside of your "Specialty" designation thus practicing contracting without a license. Now your contract is no longer enforceable either. So if you want to operate in a legitimate manner keep scopes of work in your specialty and that will keep you out of trouble with licensing. Always carry the proper insurance coverage to protect those you are working for, those working for you, and your company, and yourself, or just stay home. 

With all that said, the reality of the situation in Georgia is that ultimately there's only two places in the state that insists that you and your company being properly Trade Licensed. Those two places are the Building Permits Office and the State's Courts. If you never intend or have the need to go to the permit office in your work then it's not a problem. If your plan is to stay clear of the court room I suggest you also have strong, state specific enforceable contracts, have good General Liability and Worker Compensation insurance, and to be sure to only contract and work within your specialty trade. If you do those three things you should be in a strong position. Again, no legal advice given.

You should also know that it is illegal in Georgia for a licensed contractor to pull any permit for anyone other than themselves to do the work. There is no circumstance in which that is legal in Georgia. Beyond being illegal, it is incredibly short sighted for any licensed contractor to even consider such nonsense.  That contractor is taking on so much liability for what in reality is a few dollars, it's insane. If someone dies or gets hurt on the job guess who is the first person to be called? The name of the contractor on the permit. If the job burns down fours years after the job is completed who is the insurance investigator going to call?  Who's name is on the permit? All that liability just waiting to bite you one day, for pennies. Pulling permits for others is an offence that will result in you loosing your license. Really? No way. It's not worth it.

Thankfully though all is not lost, nor gloom and doom. Georgia has provided a legal mechanism to bridge this gap to both operate a construction business and be protected while not personally holding a trade license. It also works great as a way to get your own Georgia General Contractor Trade License for your company if that is your goal. It's call Qualifying Agents. You must have and operate from an LLC to use this option. It will not work for Sole Proprietors.

The following link is a good explanation of the process: Qualifying Agent Process

With A Qualifying Agent properly registered and representing your company you can pull the general permits in the name of your company. I can cover the biggest license in the state, General Contractor Unlimited Tier but based on your companies financials, not mine. That is true in all cases actually. 

How We Can Help You and Your Company with Licensing

Qualifying Agent for Your Company

If you need Qualifying Agent for your Construction Company I may be able to help you. I selectively take on existing companies that need the coverage of a Qualifying Agent. Please contact me to discuss your situation.

Obtain your Own General Contractor's License

I also selectively serve as a Qualifying Agent for other companies and help them get their own Georgia General Contractor's License. 

It's not easy to get your contractor's license in Georgia. The state has strict guidelines that have to be met before they will even allow someone to sit for a test. One of these is the requirement of two (2) years of documented experience. A license holder will be required to sign off on that experience.  You will need to show documents that you worked for that period of time by producing  W-2's. The next hurdle is that you must have completed two permitted project within that prior two year period. Again, need more licensed sign off for that. If you work for a family member that holds their GC license it could be easy for you. However, if you have dreams of going out on your own you might expect an employer to think you want to leave them, and then your trouble soon begin for you at that job. It's sad, but it's human nature.

Using your LLC and a Qualifying Agent for two years is how you can get past all that if you don't have someone that can sign for you. It allows you to self certify both your experience and the projects but you have to have the experience and projects occurring at the same time. Having a Qualifying Agent for your company is the bridge to get both your 2 years and two project done and documented so you can be approved to sit for testing. 

Still interested?

It takes a minimum of 2 years to complete the process. YOU WILL HAVE TO STUDY in order to pass the testing. There is no magic bullet for this. YOU WILL have to dedicate time to preparing for testing.  YOU WILL have more expenses involved in this venture than you think. YOU WILL have cost for test prep classes, travel to them, and lots of other things along the way.

If this is your goal though I can help you reach it. This through the "Qualifying Agent" mechanism set up to help do exactly what I'm discussing. This process exist to cover construction companies that don't hold their own Contractor's trade license. It's more common than you think. In Georgia this process is managed through the GA Secretary of State's Office and their Professional Licensing Boards. Other states tend to be similar, but the legal details for an individual states do matter.

The process requires that you have your company set up as a separate entity, typically an LLC. I cover your company for it's trade license for two years. During that time your company is able to pull permits as a licensed contractor. Your company pulls permits on two full renovations for example and complete those in that two year time frame. You have now completed the experience requirements AND the requirement for documenting two projects required before your will be allowed to sit for the exam.

Meanwhile, you've been to the test prep class at the beginning of the second year and have been studying hard the entire second year of our agreement. After the two year clock runs out you are ready to submit documentation to sit for testing. If you need a few extra months that can be arranged while you finish preparing to pass your test. 

Summary

This pathway requires a non-refundable cash deposit up front by you and a second non-refundable payment after the GASOS approves the paperwork and I'm listed as the Qualifying Agent for your company. As soon as your company is covered by my license you then start paying a monthly fee to continue to have me as your registered qualifying agent. Minimum engagement period is 2 years. I also have some additional requirements such as OSHA training and some other items, but nothing complicated and all beneficial for you as well. 

What you get in return is the ability to operate legally as a GC as soon as the paperwork is in place. You are on the path top getting your own license, provided you follow through on everything for the full two years. Plus I'm sharing all the short cuts of the process, which test prep to take, where to get your books, etc. all for free. I'm guiding you from the position of not having your license to having your license, provided you follow through. You will be able to pull permit for your company, legally.

I also offer Qualifying Agent Services to companies that just want to have a QA cover their company without having the goal of getting your own license but want to operate their company legitimately.

I'm for real. This is 100% legitimate, as am I. This will not feel cheap, but in reality I'm presenting a real value here if your really want to get your own GC trade license. Expect to spend about $50K in total to get your own license. That included books, travel, Test prep class, et. This is EXACTLY the process I used to get my own GCLT license in Georgia. The testing I passed is accepted in approximately 16 states now for their General Contractor's trades test. I only have to pass each state's  Contractor Law course and test. 

If your serious let's discuss this further.

Thanks.

Tony Gunter

Phone: 229-869-1107