Timothy Kolaya concentrates his practice on commercial litigation in federal and state courts, as well as arbitration panels, with a primary focus on construction and real estate matters. Tim has experience representing clients in a wide array of disputes involving commercial transactions, contract disputes, construction defects, real estate transactions, business torts, fraud, deceptive and unfair trade practices, fiduciary relationships, insurance, products liability, and claims of personal injury and wrongful death. Before beginning his law career, Tim served as project manager for two national general contracting and construction management firms.
Areas of Concentration
· Complex commercial litigation
· Construction and real estate litigation
· Business torts
· Class actions
· Mass tort and product liability litigation
· Personal injury and wrongful death
Professional & Community Involvement
· Board of Directors, University of Miami Law Alumni Association
· Member, The Florida Bar - Judicial Administration and Evaluation Committee
· Member, National Parkinson Foundation - South Florida Advisory Council
· Member, Urban Land Institute, Southeast Florida/Caribbean District Council
· Member, American Bar Association - Construction Industry Forum, Litigation Section
· Member, American Inns of Court, Spellman-Hoeveler Chapter
· Member, United Way of Miami-Dade Young Leaders
· Engineer Intern, Florida Board of Professional Engineers
Awards & Recognition
· 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
· Currently representing a number of 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. (Pending)
· Defended national homebuilders and developers in various pre-suit claims and lawsuits involving, among other things, allegations of mortgage fraud, alleged construction defects, and disputes over purchase and sale agreements.
· Represented real estate investment trust in claim against former tenant of large warehousing facility for surrender of property in state of disrepair.
· 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.
· Represented buyer of software company in litigation against seller for breach of representations and warranties in Business Sale Offer and Acceptance Agreement.
· Represented limited members of real estate investment company in four-day bench trial against managing members for breach of fiduciary duty.
· 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 property owner in claim against roofing contractor for breach of contract.
· Represented South American wine producer in contract dispute with U.S. distributor.
· Defended manufacturer from wrongful termination and breach of contract claim by former executive.
· Summer Associate, Greenberg Traurig
· Law Clerk, national construction litigation firm
· Project Manager, The Weitz Company
· Assistant Project Manager, The Haskell Company
Publications & Presentations
Articles, Lectures & Publications
· Mentioned, "How They Won It: Greenberg Sticks It to Chinese Drywall Co.," Law360, October 23, 2012