David Salazar

REPRESENTATIVE MATTERS: Obtained complete defense verdict after 30-day jury trial, on behalf of general contractor, in which plaintiffs sought $14.5mm; judgment upheld on appeal. (Co-Lead counsel).; Obtained final judgment, after 3-day bench trial on behalf of developer, denying construction lien foreclosure claim which exceeded $1mm; judgment upheld on appeal. (Lead Counsel).; Secured final summary judgment on $30mm foreclosure and breach of contract action against developer of high-rise condominium, securing summary judgment as to priority over numerous lienors. Also, conducted transaction after foreclosure sale; no appeal. (Lead Counsel).; Secured final summary judgment on behalf of roofer in $211mm construction defect claim against nine plaintiffs based on fraud upon the court, spoliation of evidence, and failure to comply with the court's discovery orders; no appeal. (Lead Counsel).; Secured final summary judgment on behalf of corporation and its principals in a multi-million dollar lawsuit brought by an alleged partner for declaratory relief, accounting, and breach of fiduciary duty; no appeal. (Lead Counsel).; Obtained summary judgment against general contractor on behalf of structural engineer/special inspector in a construction delay lawsuit based upon a duty to defend and indemnify provision in the developer's contract with the general contractor, to which our client was a third-party beneficiary. This claim arose from the construction of a high-rise, multi-million dollar condominium; no appeal. (Lead Counsel).; Obtained summary judgment as to negligence on behalf of threshold inspector in construction defect matter, where the claims exceeded $28mm, based upon AR Moyer and its progeny. Before that, obtained dismissal with prejudice of a number of claims, including common law indemnity, equitable contribution, and negligent misrepresentation; no appeal. (Lead Counsel).; Secured final summary judgment on behalf of general contractor in a construction defect matter involving a luxury home in Miami Beach based on the Plaintiffs' failure to produce an assignment unambiguously transferring them the legal rights of the prior owner of the home. Before that, obtained a dismissal with prejudice of a cause of action based on the implied warranty of habitability because the construction at issue was a home renovation (not construction of a new home) and because the general contractor was not the builder, developer, or seller of the renovated home. The Plaintiffs' claims exceeded $1mm. (Lead Counsel).; Obtained final summary judgment on behalf of civil engineer in multi-million dollar negligence suit, based upon the Slavin doctrine; no appeal. (Lead Counsel).; Secured dismissal with prejudice of claims for nuisance, implied condominium warranties, and special damages - including stigma damages - on behalf of general contractor in loss of use and defect claim at a high-end condominium; only nuisance dismissal appealed and judgment upheld on appeal. (Lead Counsel).; Obtained No Liability Award in Non-Binding Arbitration on behalf of a bridge contractor. Three Co-Defendants were found liable for respective pro-rata shares of a $37.5mm decision. Thereafter, secured highly favorable confidential settlement on behalf of client. (Lead Counsel).; Obtained three dismissals, on behalf of bank, of multi-million dollar usury claim because a late charge is not tantamount to a usurious rate when the late charge exists to induce timely payment of an obligation. When the Court indicated the next dismissal would be with prejudice, secured a highly favorable settlement on behalf of bank; no appeal. (Lead Counsel).; Secured favorable settlement on behalf of hotel developer in a construction lien, delay, and defect dispute in Federal Court where the amounts in controversy exceeded $10mm. (Lead Counsel).; Secured confidential settlement the client deemed highly favorable after a week of trial in a multi-faceted construction defect case where the Plaintiffs sought millions of dollars in damages allegedly resulting from the construction of a luxury single-family home; obtained partial directed verdict on one of the key counts at the close of Plaintiffs' case. (Lead Counsel).; Part of team that secured favorable confidential settlement in $40mm lien foreclosure claim on behalf of developer. (Co-Counsel).; Negotiated in excess of 70 favorable settlements on behalf of general contractor for claims based upon loss of use, damaged property, and personal injuries due to an explosion at a high-end condominium. (Lead Counsel).