Posts By: Chris Wielinski

Disputes in business are inevitable and inescapable. Sometimes figuring out how to resolve disagreements in business can seem overwhelming and impossible. Litigation is one route, but not always the best one, as it can be time-consuming, expensive, and lead to unpredictable or unmanageable outcomes.

Alternative dispute resolution attorneys offer their experience in the law and negotiation techniques to help parties in commercial disputes find resolutions without the frustration and risk of a lawsuit. If you seek a San Antonio alternative dispute resolution lawyer, consider Cokinos | Young. Our team has extensive experience in using less adversarial and more collaborative methods for resolving business disputes fairly, including arbitration in all its forms and mediation. 

When Businesses Disagree

Businesses encounter disputes and disagreements in many contexts, and these disputes often take various forms. For example, many companies argue over the interpretation of words in a contract. If they cannot agree, the matter may result in parties asking a judge to decide instead based on existing law and precedents. Beyond contracts, business law can also produce disagreements over areas such as taxes, terms of employment, insurance coverage, product liability, labor and employment, partnership provisions, securities transactions, unfair competition, anti-trust regulations, simple transactions, and many others.

Resolving Business Disagreements

In the midst of a dispute, as emotions run high, there may be a tendency to want to rush to court to file a lawsuit. Cases may eventually have to go there, but sometimes it makes sense to explore ways of resolving disagreements without incurring the time and cost of a lawsuit. Ultimately, professionals have many ways of ending their quarrels even without involving an attorney. Simple and determined negotiation between parties can lower the temperature and help put the dispute to bed. If that doesn’t work, other options are available short of a lawsuit.

How Alternative Dispute Resolution Works

ADR allows parties to come together to resolve disagreements without resorting to expensive and drawn-out lawsuits. In arbitration, a neutral third party or neutral panel listens to the parties’ positions, following a more relaxed set of rules of evidence, and then provides an opinion on how to end the fighting. By contrast, in mediation, an impartial third party works directly with parties to help narrow their differences and suggest ways to structure potential settlements. Terms of arbitration and mediation may vary from case to case, as some decisions may be binding while others are appealable to a court.

The San Antonio, Texas, alternative dispute resolution attorney team at Cokinos | Young applies its expertise to help businesses reach cost-effective and fair resolutions separately from litigation. Representative areas of experience in alternative dispute resolution include cases involving commercial, industrial, residential and highway construction, employment, real estate, lender liability, commercial fraud, deceptive trade practices, intellectual property, contract issues, personal injury, and insurance coverage. In this area, there is no substitute for experience. Attorneys at Cokinos | Young also serve as national trainers in the ADR field and are sought-after speakers at local and national seminars.

Construction projects involve large numbers of professionals working together to build something meaningful. It could be a housing development, a mall, a stadium, an office building, or another large project. Unfortunately, not every project goes off perfectly. 

Sometimes accidents happen that result in injuries or death. As a result, parties involved in the project, such as owners, general contractors, project managers, or others, may need the advice and counsel of a construction accident lawyer and a construction accident law firm.

Deciding which counsel to retain is a critical decision for organizations facing lawsuits over construction accidents. Here are five steps to follow in choosing a construction accident law firm for legal representation, and how Cokinos | Young can help.

Recognize and Identify the Problem

Construction accident litigation can touch on several different types of law. The first step in choosing a construction accident lawyer in San Antonio and other cities is to analyze the incident to understand what kind of lawyer can help. Areas commonly touched on in construction accidents are personal injury law, surety law, insurance coverage expertise, and government compliance. Cokinos | Young is a full-service firm offering all relevant practice areas.

Seek Referrals

Word-of-mouth remains a powerful way of identifying attorneys with relevant experience. Consult with colleagues, friendly partners, family, industry trade associations, or bar associations for recommendations. Build up a preliminary pool of potential attorneys, as the first choice may not be the best choice. Ask referrers many questions about their experiences.

Consult Rankings and Directories

Another source of information to add to the candidate pool are legal referral sources. Many companies publish listings of recommended construction accident lawyers based on feedback from peers and clients. These directories may be able to identify well-regarded attorneys in particular specialties in specific jurisdictions. Cokinos | Young has multiple Chambers USA and AV-rated attorneys and handles matters throughout the state of Texas, as well as nationally and globally. 

Conduct Additional Research

Review the attorneys’ bios, which usually list representative matters that can further showcase relevant experience. Conduct additional research using publicly available sources to learn more about the attorneys. Check disciplinary databases maintained by bar associations.

Interview Candidates

Schedule a consultation with a few of the candidate attorneys. This initial meeting involves the mutual sharing of information, about the case and the firm alike, that may help point to a final choice. Clients deserve clear, prompt, and consistent communication about their issues, a hallmark of Cokinos | Young. Clear communication leads to trust, which can help lead to positive outcomes.

Well known for leadership in construction law since 1989, Cokinos | Young offers legal services that are delivered with a commitment to efficiency, value, and client service. In today’s complex and constantly changing business environment, Cokinos | Young uses practical experience and pragmatic approaches to manage serious legal challenges, such as those in construction accidents. Clients benefit from their extensive experience on a wide range of construction projects in both the public and private sectors. Call or contact Cokinos | Young online to schedule a consultation.

Every commercial real estate transaction, regardless of the type of property and its business purpose requires a contract. Whether for purchasing or leasing, certain elements must always be present in a valid commercial real estate contract. Without these elements, the contract can be voided or deemed unenforceable. Below, we explain the five elements that must be present in a successful commercial real estate agreement.

Inspection Terms

An agreement to purchase commercial real estate must include terms of inspection. Inspection requirements vary from state to state but should include the following:

• The buyer agrees to purchase the property pending inspection.
• The specific type(s) of inspection(s) that will be conducted.
• The date the inspection(s) will be completed.
• How long after the inspection(s) the buyer has to terminate the agreement.

Inspection terms in commercial leases are typically reserved for the end of the lease period. The landlord may require an inspection at the end of the tenancy to ensure that the property is returned in an agreed-upon manner. 

Price and Financing Terms 

The purchase price and financing terms detail the exact price of the property, how the purchase will be financed, the bank or lender financing the purchase, the exact amount being financed, and any closing costs. If there are closing costs, the agreement should describe whether the seller or buyer will be paying the costs. Also required is the projected closing date. In commercial leases, the price will be the base rent, security deposit, and any other payments the tenant is expected to pay the landlord for the length of the agreement or the lease.

Warranties

Depending on the state, certain warranties and representations related to the condition, safety, and value of the property must be disclosed and detailed in the agreement. The seller or landlord should clearly and honestly describe any known problems or flaws with the property, how the issues will be addressed, and whether they will be addressed before closing. Some agreements state that the property is being sold or rented as is, meaning the seller or landlord offers no warranties and makes no representations about the property’s condition.

Detailed Description of the Property

One of the critical elements of a commercial real estate agreement is the description of the property to be purchased or rented. The description must include the exact address or location of the property and any additional property included in the purchase or lease such as furniture, other structures, inventory, or fixtures. The description should also include any liens or legal claims against the property.

Remedies in the Event of a Breach

If any party, whether the buyer, seller, landlord, or tenant, breaches or fails to comply with the terms of the agreement, the contract needs to include any remedies to which the non-breaching party will be entitled. Remedies can be monetary compensation, a court order to do or refrain from doing something, or the termination of the agreement altogether. Commercial real estate transactions can be complex and are best handled by local and experienced commercial real estate attorneys like the team at Cokinos | Young. Serving multiple cities, including Dallas, our attorneys will effectively guide business owners through the commercial real estate process at affordable rates. Contact us today for the best commercial real estate representation.

Construction projects are complicated endeavors with many of the same legal considerations found in large organizations. This complexity often leads to disagreements between the parties involved, ranging from developers, owners, and investors, to general contractors, suppliers, governments, unions, and laborers, among many others. Projects need effective legal counsel for competitive bidding, contract negotiations, labor and employment matters, land use and zoning, environmental and safety regulations, insurance, government relations, and many other areas.

Choosing the right counsel can make all the difference. But what are the variables to consider in selecting a construction law firm? Experience matters, but here’s a rundown of some other factors to consider in deciding which counsel is best in a particular situation.

Full-Service Capabilities

Elements of construction law require specialized experience, but it’s smart to also consider the breadth of experience across the entire firm. Is the firm a full-service firm, with attorneys experienced in all the major areas that might come up in a project? For instance, some larger projects may qualify for local or state economic development incentives which require counsel on how to navigate that process.

Does the firm have attorneys with experience in the most relevant areas, such as labor and employment, contract negotiations, and local zoning? Look for a firm with broad-based experience in a range of matters before selecting a construction law firm.

Construction Law Experience

Explore whether the firm has experience in construction project-related legal matters by reviewing the firm’s listed representative matters. Have they done construction cases, and if so, what kind? What types of matters did those construction cases concern? Representative matters help indicate whether an attorney has the right experience for a particular claim.

Look into the facts of the individual cases to see how they compare and find out about the outcome. Remember, past performance is no guarantee of future results. The goal is to choose a firm that has familiarity with the legal issues that might arise during the dispute.

Roles and Responsibilities

Try to gain clarity on the roles and responsibilities of attorneys and staff who will provide representation in negotiations and any court proceedings. Also, ask about plans for providing status updates. The best firms welcome the opportunity to keep clients in the know so they are never wondering about what’s happening in their cases. Law firm partners typically assign work on a case to their younger associates, with the partner only getting significantly involved at later stages that require negotiations or appearances at court hearings. This approach is fairly universal, but the time to ask about those arrangements is before signing an engagement letter. Clients are justified in asking about the backgrounds of associates and staff members and when and how they will be able to speak with the supervising partner. Construction law issues can get very complicated, so the more information, the better.

The team at Cokinos|Young provides all aspects of construction law to owners/developers, general contractors, project managers, design professionals, subcontractors, material and equipment suppliers, sureties, insurance companies, lenders, and others.  Call us or contact us online for a consultation.