Timothy A. Kolaya concentrates on commercial litigation in federal and state courts, as well as arbitration panels. Tim counsels clients on a wide array of disputes involving commercial transactions, fraud-based litigation, contract challenges, class actions, construction defects, real estate transactions, business torts, deceptive and unfair trade practices, fiduciary relationships, insurance, products liability, and personal injury claims.
Prior to joining Stumphauzer Kolaya & Sloman, Tim worked for more than 11 years at the Miami office of the international law firm of Greenberg Traurig, where he tried several cases and handled significant litigation matters on a local and national level for a variety of clients. Tim's practice ranges from defending Fortune 500 companies in class action litigation to representing local companies in contract disputes.
Before returning to law school, Tim studied civil engineering at the University of Miami and continued on to obtain a master's degree in civil engineering and construction management from Georgia Tech. He then worked as a project manager for two of the top 100 largest construction companies in the country, overseeing all aspects of his projects, which included office buildings, condominium towers, restaurants, municipal buildings, and manufacturing facilities.
In addition to his active law practice, Tim has served as a member of the Civil Procedure Rules Committee for The Florida Bar, and the Board of Directors of the University of Miami Law Alumni Association. Tim also dedicates significant time as a volunteer leader for the Parkinson's Foundation, where he serves as a member of the national Development Committee.
Concentrations
- Complex commercial litigation
- Construction and real estate litigation
- Contract disputes and other business torts
- Trustee and receivership representation
- Class actions · Appeals
- Mass tort and product liability litigation
- Personal injury claims
Representative Experience — Real Estate & Construction
- Represents developers, national homebuilders, and other property owners in pre-suit claims and lawsuits involving land use and zoning challenges, purchase and sale disputes, property boundary and easement disputes, association turnover claims, construction defect claims, construction liens, mortgage fraud allegations, leasing disputes, and broker commission disputes.
- Represented several national and regional homebuilders in multiple state and federal court lawsuits involving allegedly defective Chinese-manufactured drywall, including In Re Chinese Manufactured Drywall Product Liability Litigation, MDL No. 2047.
- Obtained complete defense verdict for a national engineering and construction services company on a $14.5 million negligence claim following a four-week jury trial, affirmed on appeal.
- Defended developer in lawsuit challenging zoning approvals and the constitutionality of notice requirements under the City of Miami's Zoning Code in connection with construction of a municipal transportation facility; obtained final summary judgment in favor of the developer.
- Defended developer in lawsuit with a municipality seeking to avoid its obligations under a land swap agreement; resolved through a settlement granting the developer increased development rights for a related condominium project.
- Defended developer in multiple lawsuits challenging a ballot question in a special election to authorize development of a $400 million project on city-owned waterfront property; obtained final judgments rejecting the challenges in all cases, affirmed by the Third District Court of Appeal; defeated petition for review before the Florida Supreme Court.
- Defended developer in taxpayer lawsuit seeking to stop development of a $600 million mega-yacht marina project and to invalidate the lease agreement between the city and the developer for city-owned waterfront property; obtained dismissal with prejudice.
- Defended developer in lawsuit seeking to invalidate the development agreement and zoning approvals for a $1.5 billion mixed-use project; obtained dismissal with prejudice.
- Defended developer in lawsuit seeking to invalidate an $88 million tax increment financing (TIF) agreement for a $1.5 billion mixed-use project; obtained dismissal with prejudice.
- Defended promoter of the Miami International Boat Show in multiple lawsuits by the Village of Key Biscayne seeking to prevent relocation of the show to Miami Marine Stadium on Virginia Key; obtained dismissal of claims and negotiated a settlement allowing the show to continue at the new location.
- Represented homeowner in construction defect lawsuit involving a $30+ million renovation of a historic Miami Beach residence.
- Represented homeowner in dispute with architect and contractor over the design and construction of a private residence on Jupiter Island, Florida.
- Represented homeowner in breach of contract lawsuit against a contractor over the renovation of a historic residence; obtained final judgment for the full amount of the claim.
- Represented private elementary school in lawsuit against a neighboring property owner for damage caused by excavation and sheet piling; resolved through settlement.
- Represented REIT in claim against the former tenant of a large warehousing facility for surrendering the property in a state of disrepair.
- Represented real estate investment company in emergency motion to set aside a $1.25 million default judgment entered after a jury trial over a personal injury that occurred on the property before title transferred to the client; obtained order setting aside the judgment, affirmed on appeal.
- Represented limited members of a real estate investment company in a four-day bench trial against the managing members for breach of fiduciary duty.
- Represented general contractor in AAA arbitration final hearing over a dispute spanning multiple projects.
- Represented homeowner in Indian Creek Village in claim against a roofing contractor for breach of contract; obtained summary judgment in favor of the homeowner.
Representative Experience — Class Actions
- Serving as lead counsel for the class representative in a high-stakes federal antitrust class action against a marketing company, alleging unlawful maintenance of monopoly power and anticompetitive practices in the marine industry.
- Represented insurance sales agency in putative class action alleging that the agency and others made misrepresentations and enrolled consumers in Affordable Care Act plans, or switched their plans, without their permission.
- Represented law firm in putative class action alleging that an attorney aided and abetted fraud and conspired in a cryptocurrency Ponzi scheme; obtained dismissal with prejudice on motion to dismiss based on the absolute litigation privilege.
- Defended investment fund and its managers in putative class action by feeder fund investors seeking more than $500 million in damages on claims of breach of fiduciary duty and negligence; obtained dismissal with prejudice at the pleading stage in federal district court.
- Defended five movie studios in putative nationwide class action challenging the marketing of Blu-ray and DVD movies; obtained dismissal with prejudice at the pleading stage in federal district court.
- Defended plumbing product marketer and distributor in putative class action lawsuits involving claims of breach of express warranty, breach of the implied warranty of merchantability, violations of state consumer protection laws, and unjust enrichment; negotiated a class-wide settlement.
- Defended global product testing and certification company in putative nationwide class action challenging the certification of certain HVAC products; obtained dismissal with prejudice at the pleading stage in federal district court.
- Defended electronic health records software company in nationwide putative class action involving claims of breach of warranty, violations of state consumer protection laws, and unjust enrichment; negotiated a class-wide settlement.
Representative Experience — Trustee & Receivership Representation
- Representing court-appointed receiver in securities fraud case against a merchant cash advance business with alleged losses in the hundreds of millions of dollars; returned more than $200 million to victims who invested in the business.
- Represented court-appointed liquidator in securities violation case involving an alleged $10 million fraudulent penny stock scheme.
- Retained by trustee for the estate of a real estate developer to coordinate resolution of multiple pending lawsuits; negotiated several settlements that facilitated closing of the estate.
Representative Experience — Fraud Litigation
- Secured favorable verdict for pharmacy in week-long federal jury trial involving claims of fraud and violations of the Florida Deceptive and Unfair Trade Practices Act arising from a failed contract to import hundreds of millions of dollars' worth of personal protective equipment; obtained partial summary judgment on several claims, defeated a claim for more than $30 million in lost profits, and limited recovery to less than one percent of claimed damages.
- Represented numerous medical practices and health care clinics in lawsuits by automobile insurance companies alleging fraudulent collection of insurance benefits for medically unnecessary and unlawfully rendered services, seeking tens of millions of dollars in damages.
- Defended banking institution accused of fraud and violations of the Florida Deceptive and Unfair Trade Practices Act in equity stripping case; obtained dismissal of all claims.
- Represented national independent insurance agency in lawsuit alleging fraudulent insurance sale practices, RICO conspiracy, and stock manipulation; obtained dismissal with prejudice on motion to dismiss.
- Defended national homebuilder and title company against fraud-based claims by the liquidating trustee of a failed mortgage company and the receiver of a failed bank arising from the sale of condominium units.
Representative Experience — Other Business Litigation
- Obtained complete defense verdict for public health care system on claim under the Florida Whistleblower Act following seven-day jury trial.
- Obtained complete defense verdict for blockchain startup on breach of contract and unjust enrichment claims involving federal grant applications with the Department of Defense.
- Represented amusement park operator in contract dispute with the purchaser of the Miami Seaquarium; obtained summary judgment for the full amounts sought on breach of contract and contractual indemnification claims.
- Represented pharmaceutical company in ICC arbitration against an international manufacturer over a product development and supply agreement.
- Defended investors in evidentiary hearing to determine a reasonable attorneys' fee, resulting in an award of less than fifty percent of the amount demanded.
- Represented South American wine producer in contract dispute with its U.S. distributor.
- Represented cargo airline in breach of contract lawsuit against an aerospace company for failure to deliver aircraft parts and repair aircraft; obtained summary judgment in favor of the airline for the full amount sought.
- Represented wine and spirits distributor in lawsuit to enforce a restrictive covenant against a former executive.
- Defended medical care services company against wrongful termination and fraud claims by a former executive; obtained dismissal of all claims with prejudice at the pleading stage.
- Defended manufacturer against wrongful termination and breach of contract claims by a former executive.
- Represented purchaser of a software company in litigation against the seller for breach of representations and warranties in the sale agreement.
- Represented cruise line in multimillion-dollar claim under the Oil Pollution Act of 1990 against an inland tank barge company for damages from an oil spill; resolved through settlement.
- Served as expert witness at trial on the reasonableness of fees and standard of care for a law firm seeking to collect unpaid attorneys' fees from a former client.
Recognition & Leadership
Awards & Accolades
- Listed, Chambers and Partners, Litigation: General Commercial, Band 2
- Listed, The Best Lawyers in America, Litigation – Construction, 2020–2026
- Listed, Super Lawyers magazine
- Florida Super Lawyers, 2020–2026
- Rising Star, 2016–2018
- Listed, Florida Trend, Florida's Legal Elite, Commercial Litigation
- Recipient, Thomas Davison III Memorial Service Award, University of Miami School of Law, 2019
- Recipient, Dade County Bar Association "Rising Superstar Award," 2018
- Team Member, U.S. News – Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate – Litigation, 2017
- Team Member, Daily Business Review "Real Estate Litigation Department of the Year," 2015
- Earned one of the highest scores on the July 2008 Florida Bar examination and was invited to speak at the Florida Bar induction ceremony at the Third District Court of Appeal in Miami
Professional & Community Involvement
- University of Miami Law Alumni Association, Board of Directors
- The Florida Bar
- Member, Civil Procedure Rules Committee, 2018–2024
- Member, Judicial Administration and Evaluation Committee, 2013–2016
- Member, American Inns of Court, Spellman–Hoeveler Chapter
- The Parkinson's Foundation
- Member, Development Committee
- Engineer Intern, Florida Board of Professional Engineers
- Member, American Bar Association, Construction Industry Forum, Litigation Section
- Participant, Leadership Miami, 2014–2015
- Recipient, Outstanding Project of the Year
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)
- 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. Court of Appeals for the Eleventh Circuit
- 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
- U.S. Bankruptcy Court for the Southern District of Florida
