All posts by: Ray Garcia

About Ray Garcia

Unlicensed contracting is a crime in Florida. Section 768.0425 provides that a consumer (typically a homeowner) harmed by an unlicensed contractor is entitled to treble damages and attorney’s fees. In Home Construction Management, a general contractor sought the civil remedies under §768.0425 against its subcontractor for disgorgement and treble damages. Home Construction Management, LLC v. Comet, […]

In construction defect claims, various insurance policies are often implicated.  In Florida, there are multiple triggers for determining whether property damage occurs during a policy period.  One trigger is manifestation (which commences from the date of discovery or the date a reasonable inspection would show discovery of the damage) and another trigger is injury-in-fact (the […]

Generally the terms of a construction contract are always upheld in court, as the parties both agreed to such terms. However, in Love’s Window & Door Installation, Inc. v. Acousti Engineering Co., Florida’s Fifth District Court of Appeal ruled on not enforcing a contract’s venue selection clause. In the multi-party suit, which commenced in Osceola […]

Building your dream home is supposed to be one of life’s most exciting moments, and with careful planning and attention to detail, it can be. But if you start the project without knowing in advance what will and won’t work for you, or cut corners where you shouldn’t, the result could turn the dream into […]

You’re ready to build your dream home – or you think you are. You probably know exactly how many rooms you want to have and what their purpose will be, but have you thought through all of the key details? Poor planning and badly managed budgets can cause far-reaching problems, so you need to approach […]

Building your dream home on a budget is possible. It takes discipline and a willingness to make the right choices, but in the end you’ll have a house you love and can afford. This article explores five tips for building your dream home on a budget. They’re simple, don’t call for a lot of sacrifice, […]

Getting a construction loan can be difficult, but the good news is that it doesn’t have to be. The right approach and advance preparation can result in the approval you’re looking for. New home sales are on the rise, putting construction loans in great demand as homebuilders try to cash in on the limited supply […]

Your next real estate investment needs to be thought out carefully. Taking the plunge into an unknown opportunity is far too risky, particularly here in South Florida, as many investors have learned the hard way over the last decade. To improve your chances of success and maximize your working capital, it’s important to do your […]

Whether you are the contractor or the owner in a construction project, having a good contract in place before any work is started is absolutely essential.  It will help to make sure everyone is on the same page so there is no confusion or miscommunication.  It can also help to minimize the risk of litigation […]

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