Timothy A. Kolaya

Timothy A. Kolaya

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Timothy A. Kolaya concentrates on commercial litigation in federal and state courts, as well as arbitration panels, with a primary focus on construction and real estate matters. Tim helps clients resolve  a wide array of disputes involving commercial transactions, contract challenges, construction defects, real estate transactions, business torts, fraud, deceptive and unfair trade practices, fiduciary relationships, insurance, products liability, and personal injury and wrongful death claims. 

Concentrations

  • Complex commercial litigation
  • Construction and real estate litigation
  • Business torts
  • Class actions
  • Mass tort and product liability litigation
  • Personal injury and wrongful death
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Capabilities

Experience

  • Represented developers, national homebuilders, and other property owners in various pre-suit claims and lawsuits involving, among other things, land use and zoning challenges, disputes over purchase and sale agreements, alleged construction defects, allegations of mortgage fraud, and leasing disputes.
  • Represented several national and regional homebuilders in multiple state and federal court lawsuits involving allegedly defective Chinese-manufactured drywall, including in In Re Chinese Manufactured Drywall Product Liability Litigation, MDL No. 2047.
  • Obtained complete defense verdict for national engineering and construction services company on $14.5 million negligence claim following a four-week jury trial.
  • Defended developer in lawsuit challenging zoning approvals and constitutionality of notice requirements under City of Miami’s Zoning Code in connection with construction of municipal transportation facility; obtained final summary judgment in favor of developer.
  • Defended developer in lawsuit with municipality seeking to avoid obligations under land swap agreement; resolved through settlement that granted developer increase in development rights for related condominium project.
  • Defended developer in multiple lawsuits involving challenges to ballot question in special election to authorize development of a $400 million project on city-owned waterfront property; obtained final judgment rejecting challenges to ballot question in all cases; decisions were affirmed on appeal before the Third District Court of Appeal; successfully defeated petition for review before the Florida Supreme Court.
  • Defended developer in taxpayer lawsuit seeking to stop development of $600 million mega-yacht marina project and to invalidate lease agreement between city and developer for city-owned waterfront property; obtained dismissal with prejudice in favor of developer.
  • Defended developer in lawsuit seeking to invalidate development agreement and zoning approvals for $1.5 billion mixed-use project; obtained dismissal with prejudice in favor of developer.
  • Defended developer in lawsuit seeking to invalidate $88 million tax incentive financing (TIF) agreement for $1.5 billion mixed-use project; obtained dismissal with prejudice in favor of developer.
  • Represented homeowner in construction defect lawsuit involving $30+ million renovation of historic Miami Beach residence.
  • Defended a national homebuilder and title company against various fraud-based claims asserted by the liquidating trustee of a failed mortgage company and the receiver of a failed bank arising from the sale of certain condominium units.
  • Represented private elementary school in lawsuit against neighboring property owner for damage resulting from excavation and sheet piling; resolved through settlement.
  • Represented REIT in claim against former tenant of large warehousing facility for surrender of property in state of disrepair.
  • Represented real estate investment company in emergency motion to set aside $1.25 million default judgment following jury trial involving personal injury that occurred on property prior to transfer of title to client; obtained order setting aside default judgment, which was affirmed on appeal.
  • Represented limited members of real estate investment company in four-day bench trial against managing members for breach of fiduciary duty.
  • Represented owner of home in Indian Creek Village in claim against roofing contractor for breach of contract; obtained summary judgment in favor of homeowner.
  • Defended investment fund and its managers in a putative class action from feeder fund investors, seeking more than $500 million in damages in connection with claims for breach of fiduciary duty and negligence; obtained an order of dismissal with prejudice at the pleading stage from the federal district court.
  • Defended five movie studios in a putative nationwide class action challenging the marketing of Blu-ray and DVD movies; obtained an order of dismissal with prejudice at the pleading stage from the federal district court.
  • Defended electronic health records software company in nationwide, putative class action lawsuit involving, among others, claims for breach of warranty, violation of state consumer protection laws, and unjust enrichment.
  • Defending a building product manufacturer in putative class action lawsuits involving, among others, claims of breach of express warranty, breach of implied warranty of merchantability, breach of state consumer protection laws, and unjust enrichment.
  • Obtained complete defense verdict for public healthcare system on claim under the Florida Whistleblower Act following seven-day jury trial.
  • Represented pharmaceutical company in ICC arbitration involving dispute with international manufacturer over product development and supply agreement.
  • Defended banking institution accused of fraud and violating Florida's Deceptive and Unfair Trade Practices Act in equity stripping case; obtained dismissal of all claims.
  • Defended investors in evidentiary hearing for determination of reasonable attorneys' fee, resulting in award of less than fifty percent of amount demanded.
  • Represented South American wine producer in contract dispute with U.S. distributor.
  • Represented distributor in lawsuit against former executive seeking to enforce restrictive covenant.
  • Defended medical care services company from wrongful termination and fraud claims by former executive; obtained order of dismissal of all claims with prejudice at the pleading stage.
  • Defended manufacturer from wrongful termination and breach of contract claim by former executive.
  • Represented purchaser of software company in litigation against seller for breach of representations and warranties in Business Sale Offer and Acceptance Agreement.
  • Represented cruise line in connection with multi-million dollar claim under Oil Pollution Act of 1990 (OPA) against inland tank barge company for damages resulting from oil spill; resolved claim through settlement.
  • Law Clerk, national construction litigation firm
  • Project Manager, The Weitz Company
  • Assistant Project Manager, The Haskell Company

Recognition & Leadership

  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • Listed, Super Lawyers magazine, Florida Super Lawyers, "Rising Star," 2016 and 2017
  • Team Member, Daily Business Review's "Real Estate Litigation Department of the Year," 2015
  • High score, July 2008 Florida Bar examination, earning invitation to speak at the Florida Bar induction ceremony at the Third District Court of Appeal in Miami, Florida
  • Participant, Leadership Miami, 2014-2015
    • Recipient, Outstanding Project of the Year
  • Board Member, University of Miami Law Alumni Association, Board of Directors
    • Vice President, Student Affairs, 2017-2018
    • Vice President, Alumni Outreach & Communications, 2016-2017
  • Engineer Intern, Florida Board of Professional Engineers
  • Member, American Bar Association – Construction Industry Forum, Litigation Section
  • Member, American Inns of Court, Spellman-Hoeveler Chapter
  • Member, National Parkinson Foundation
    • Chair, South Florida Chapter
  • Member, The Florida Bar, Judicial Administration and Evaluation Committee, 2015-2016
  • Member, Urban Land Institute, Southeast Florida/Caribbean District Council

Credentials

Education
  • J.D., summa cum laude, University of Miami School of Law, 2008
    • Order of the Coif
    • University of Miami Law Review
    • Book Awards: Contracts, Property, Construction Law, Legal Research & Writing, Business Associations
    • Honors Designation, Litigation Skills Program - Pretrial, Trial, and Advanced Business Litigation sections
    • Young Lawyers Division of the Florida Bar Scholarship (2006-2007 and 2007-2008)
    • Dean's Merit Scholarship
    • Lawrence B. Rodgers - M. Minnette Massey Scholarship
    • Thomas E. and Dorothy Bartshe McDougall Scholarship
    • Dan Bradley Memorial Scholarship
  • M.S., Civil Engineering, Georgia Institute of Technology, 2001
    • Construction Engineering and Management Program
    • Gamma Beta Phi Honor Society
  • B.S., Civil Engineering, University of Miami, 2000
    • Chi Epsilon Honor Society
    • President's 100
    • Henry King Stanford Scholarship
Admissions
  • Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida