A subcontractor names one person as both its financially responsible officer and its primary qualifying agent. Is that permitted?
Correct Answer
D) No; a financially responsible officer may not be designated as the primary qualifying agent
Section 489.1195(1)(b): a financially responsible officer "shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent." The two roles are kept apart deliberately, and (1)(c) keeps the primary qualifying agent responsible for all construction activities even where a financially responsible officer is in place.
Why This Is the Correct Answer
Section 489.1195(1)(b): a financially responsible officer "shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent." The two roles are kept apart deliberately, and (1)(c) keeps the primary qualifying agent responsible for all construction activities even where a financially responsible officer is in place.
Why the Other Options Are Wrong
Option A: Yes, provided the person holds a current certificate in the relevant classification for the work
A current certificate does not lift the statutory bar.
Option B: No, unless the organization has fewer than ten employees
The bar has no exception by employee count.
Option C: Yes, provided the board approves the dual role by joint agreement
The statute provides no board approval for this dual role.
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