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Resolving Partnership and Business Disputes
Mark A. Kamilar is an active trial lawyer over thirty-five year trial experience in commercial and personal injury litigation and dispute resolution.
Over a broad and varied career, Mark has tried over one hundred cases including jury trials in Dade, Broward, Palm Beach and Monroe counties.
Mark has handled appeals in numerous appellate courts including the Third District Court of Appeals, Fourth District Court of Appeals, Florida Supreme Court, Fifth District Court of Appeals, and the Eleventh Judicial Circuit Court of Appeals.
Mark has also been involved in numerous alternative dispute resolution procedures including mediations, arbitrations, and private civil trials.
In addition, Mark has had an active office and drafting practice including commercial transactions, contracting, and asset protection engagements.
Mark has further served arbitrator and lead arbitrator in complex commercial disputes and as Chairman for the Dade County Bar Association fee dispute committee.
Mark has further been recognized by the Courts of Dade County as an expert witness on over fifty occasions regarding attorneys’ fee valuations, admiralty rules and boating collisions, and prevailing standard for legal representation.
Mark’s work over his career has included representation on behalf of Plaintiffs, Defendants, doctors, developers, contractors, employers, employees and professionals in their business and litigation needs.
Bar and Court Admissions:
December 01, 2016 11:15AM
Amid all the buzz surrounding the Art Basel grand opening for Faena Forum, a company linked to Argentine developer Alan Faena is facing allegations in Miami-Dade Circuit Court of shoddy construction and failing to deliver a finished unit at Faena House.
Ruslan Shudrik in late October sued Tower 3315, a company incorporated by Faena to develop the ultra-luxury 18-story building, alleging breach of contract, negligence, and breach of warranty under Florida law. According to Shudrik’s attorneys Mark Kamilar and Bolivar Porta, their client has not been able to move into his 14th floor unit since closing on the condo 13 months ago ago due to alleged construction delays and defects.
“Mr. Shudrik purchased this unit for $8.6 million,” Kamilar said. “Yet he has not received the quality of service or product worthy of his investment or the brand name.” Faena declined comment through a spokesperson.
According to the complaint, Shudrik was notified in October 2015 that construction on his condo was complete and set the closing for Nov. 2 of that year. The buyer, who is a Russian national, alleges that Faena’s representatives only allowed him to do a walk-through of the two-bedroom unit hours before closing, the lawsuit states.
“During the walkthrough, plaintiff’s representatives found that the unit was not complete, had substantial defects, improper construction and requested to postpone the closing,” the suit says. “Defendant at the time acknowledged the problems with the unit and agreed to expedite completion of all items listed on the punch list.”
Shudrik alleges substantial portions of ceramic, marble, Terrazzo and wood floors had to be replaced, requiring partial demolition and other dangerous and invasive construction activities that rendered the unit unlivable. In addition, the lawsuit says, wall finishings, balcony railings, and air conditioning duct work were improperly installed, among other defects.
Nevertheless, Faena demanded Shudrik close on the unit despite the unfinished and improper work and promised the unit would be completed “expeditiously,” according to the suit. Porta, Shudrik’s other lawyer, said a general contractor and an engineer have provided written reports substantiating the lawsuit’s allegations.
“Mr. Shudrik is putting his faith in the U.S. courts to protect his investment in this high-end condo product,” Porta said.
August 29, 2017 08:45AM
Two years after being restored, a 1920s Neoclassical building that once housed the Cuban consulate in Miami’s Little Haiti neighborhood is at the center of an ugly legal dispute between local art dealer Martin Siskind and his brother, Richard.
According to a recently filed lawsuit in Miami-Dade Circuit Court, Martin Siskind wants to sell the Paula Villa property at 5811 North Miami Avenue so that he can use the proceeds for a life-saving gallbladder surgery and pay off a promissory note on the property. However, his brother Richard — who holds title to the property — is refusing to cooperate, the complaint alleges. Martin Siskind, along with the note holder Raymond Klein, are suing Richard and his company 5811 Investment Group for breach of contract and breach of fiduciary duty. They are also seeking an injunction to force Richard into agreeing to the sale of Paula Villa.
Javier Rodriguez, an attorney for Richard, declined comment. “It is an unfortunate dispute among family members that we are hopeful will be resolved in the short term for the benefit of all involved,” said Mark Kamilar, lawyer for Siskind and Klein.
Paula Villa was built in 1926 by the Cuban government using Cuban labor and all materials, according to a July 2015 NBC 6 report. Paula Milord, the wife of the Cuban consul and namesake of the villa, is buried in the backyard.
According to the complaint, Martin Siskind and a group of investors purchased the property in 2003 and he has been “its caretaker, and advanced substantial sums for the renovation of Paula Villa from 2004 to the present.” Martin Siskind has been using the former consulate building as an art gallery that displayed several Picassos, a Renoir sketch, a painting by Alexander Calder, and many pieces by Cuban artists.
In 2014, Martin Siskind settled a separate lawsuit with his partners by buying them out using loans provided by Klein and his brother Richard. While the property is being used as a gallery, the 75-year-old art maven always intended to sell Paula Villa so that he could use the money from the sale to pay for his care and provide an inheritance for his children, the lawsuit states. Richard agreed to act as his brother’s trustee and he set up 5811 Investment Group to purchase the property in 2016 for $500,000.
The lawsuit claims that Martin Siskind’s health has deteriorated in recent months and he wants to sell. However, Richard doesn’t want to, “citing unrelated issues between the two brothers including back to childhood.”
Moreover, Richard has indicated that he no longer intends to honor his brother’s wishes and will do with the property as he sees fit, the lawsuit alleges.
Law Office of Mark A. Kamilar
2921 SW 27th Avenue
Coconut Grove, Florida 33133
Telephone: (305) 567-1112
Fax: (305) 567-2334
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