David Salazar

Practice Details

• Languages
  Spanish
• Firm Information
  Position

  Partner

  Firm Name

  Cole, Scott & Kissane, P.A.
• Representative Cases & Transactions
  Cases

  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
  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,
  failure to comply with the court's discovery orders
  no appeal. (Lead Counsel).
  Secured final summary judgment on behalf of corporation
  its principals in a multi-million dollar lawsuit brought by an alleged partner for declaratory relief, accounting,
  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
  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
  its progeny. Before that, obtained dismissal with prejudice of a number of claims, including common law indemnity, equitable contribution,
  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)
  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,
  special damages - including stigma damages - on behalf of general contractor in loss of use
  defect claim at a high-end condominium
  only nuisance dismissal appealed
  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,
  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,
  personal injuries due to an explosion at a high-end condominium. (Lead Counsel).
• Additional Links
  http://www.csklegal.com/people/david-salazar