Congratulations to San Antonio Managing Principal Stephanie O’Rourke for making the list of Top 50 Women Leaders of San Antonio for 2023 by Women We Admire. There is no one more deserving of this award and we are honored to have you as a leader of our C|Y family. See the full list here.
Differing Site Condition (DSC) claims are common in government contracting. In the typical Type I DSC claim the contractor must establish that the condition it encountered differed from what the Contract indicated. For example, rock was encountered not soil.
A Type II Differing Site Condition (DSC) is by definition “of an unusual nature, differing materially from those ordinarily encountered”. In a Type II DSC case, unlike a Type I where the Contract forms a reference point, there is no clear point of reference. Instead, the conditions encountered must be judged by what is normal for the area. A behavioral DSC is even more unique. To establish a behavioral DSC the contractor must establish that that while the ground did not appear to be unusual, the ground behaved in an unusual manner during construction.
Representing a jet grout contractor, Robbie MacPherson successfully led a team which established the existence of a Type II Behavioral DSC involving the construction of two New York City subway stations a block apart. Jet grouting is a method of insitu soil treatment that is commonly used to underpin foundations, provide excavation support, or, as in this case, to create a groundwater cut-off using a watertight base plug for excavation below the water table.
The contractor had extensive jet grout experience, including experience in New York City. It also had available to it the technical experience of its parent company, which performs jet grouting worldwide. Typically, jet grout columns are formed, and their diameter, composition and properties, such as strength, selected to match the design parameters. Column diameter is one of the most important design parameters in jet grouting, as it is fundamental to the construction of a treated zone formed from overlapping columns. Full scale field trials are first conducted to verify the selection of the jet grout parameters, based on successful prior experience. Following its established practices, the contractor devised and implemented a jet grout trial program. However, the trial results were unexpected, unpredictable, and unusual compared to past experience. After several revisions to its testing procedures, which were time consuming and costly, sufficient column diameters were formed at the first station site. The contractor then moved to the second site, a block away, but had to start the trial process all over again when the soil at that site did not react the same when the design parameters established at the first site were employed.
Establishing the existence of the Type II DSC required proving the experience of the contractor’s staff, the company itself and its parent. Next, we needed to prove that the trial program followed both the industry and the contractor’s normal practice and procedure. Finally, we had to coordinate that evidence with the opinion testimony offered by several expert witnesses. We also worked with the client and experts to rebut the defense put on by the subway authority and its experts.
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
Cokinos | Young started off the year strong with the strategic addition of the Bailey and Bailey team, and their deep Federal Government Contract experience, to our Government Contracts practice. The addition of Johnathan Bailey and his team, combined with our existing Governmental Contract group lead by John DiBiasi and Robbie MacPherson, further bolsters the practice’s capabilities and solidifies our position as a national leader in the Federal and Local Public Contracts space. Our attorneys bring a wealth of experience and knowledge that allow us to effectively and strategically serve our existing and prospective clients across the nation that are facing regulatory requirements in this highly competitive and specialized legal practice.
For many years, our Government Contracts team has assisted contractors large and small in every stage of the contract process from qualifying to do business with the federal and local governments, winning and keeping contracts in the bid protest process, navigating regulatory compliance during performance, and when necessary litigating in the courts and before contract dispute boards to make sure the government lives up to its contractual obligations. Our deep bench of experts have devoted their careers to staying ahead of changes and challenges that come with the extensive regulations in this unique market.
Johnathan Bailey is a former name and founding partner in the firm Bailey & Bailey, P.C. where over 25 years of practice he built a reputation for knowledge and excellence in representation of construction, service, IT and manufacturing companies seeking to do business with the numerous agencies of the federal government and the State of Texas. He has litigated more than 250 bid protests involving billions of dollars in federal contracts before the US Government Accountability Office (GAO) and the United States Court of Federal Claims. Johnathan has also prepared, negotiated and litigated hundreds of Contract Disputes Act claims with dozens of federal contracting agencies and litigated before all existing (and previously existing) Boards of Contract Appeals and the FAA’s Office of Dispute Resolution.
Coming from a small firm environment, Johnathan has extensive experience in representation of small business federal contractors, including especially socio-economic programs administered by the US Small Business Administration including the 8(a) Business Development, Service-Disabled Veteran-Owned Small Business, Woman-Owned Small Business and HUBZone programs.
The wide range of challenges faced by federal contractors has also given Johnathan many years of experience in range of federal contracting matters including Department of Labor (Service Contract Act and Davis-Bacon Act) compliance, suspension and debarment proceedings, and qui tam litigation under the federal False Claims Act.
John DiBiasi focuses on assisting general contractors, subcontractors, and suppliers engaged in the design and construction of publics works projects, including bridges, tunnels, highways, water and sanitary pipelines and plant facilities, dams, levees, treatment plants, and other heavy civil infrastructure across the country. His knowledge extends to every level of government contracting, from municipal to federal projects and everything in between. John’s extensive experience in resolving these contract disputes includes navigating a wide variety of situations and requirements unique to government contracting, including bid protests, claim preservation and presentation, disadvantaged business goals, government shutdowns, statutory notice requirements, corrective action plans, defense of defective work or workmanship claims, false claims allegations, defaults and terminations, dispute resolution boards, and local, state and federal litigation nationwide.
Robbie MacPherson has been representing contractors and subcontractors with public works contracts since 1981. He has handled matters involving New York City’s Department of Design & Construction, Department of Environmental Protection, Department of Citywide Administrative Services, and the School Construction Authority among others. Has appeared before many NYC Procurement Policy Board tribunals, handling both disputes and bid protests. His New York State public contract experience includes handling matters involving the MTA, Dormitory Authority of the State of New York, State University of New York and City University of New York, and other public authorities in New York. In New Jersey he has handled claims against Counties, Municipalities and Local Authorities. Robbie has also represented public bodies and school districts in New Jersey. The projects involved ranged from school buildings to major infrastructure, including the East Side Access Program, the Goethals Bridge Replacement Program, the Second Avenue Subway and the Canarsie Tunnel Sandy Repair Program. The projects involve trades from jet grouting to electrical work and roofing. He has litigated public contracts disputes in courts in both New York and New Jersey. He has also mediated and arbitrated public contract disputes in both states and elsewhere.
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
The Cokinos | Young Insurance Coverage Team is observing a ten-year anniversary as to the Texas Anti-Indemnity Statute at Chapter 151 of the Texas Insurance Code. That statute went into effect on January 1, 2012, as to primary construction contracts entered into between the owner and the contractor on or after that date. In other words, any original contract that is less than ten years old as of January 1, 2023, is subject to Anti-Indemnity Act. As to subordinate subcontracts, purchase orders and other agreements, they are governed by the date of the primary contract for the same project.
Of course, when the Anti-Indemnity Act applies, a construction contract is void to the extent it purports to indemnify the indemnitee for its own negligence or fault. That prohibition is subject to an employee injury exception, which permits parties to require indemnification for their own negligence in personal injury claims by the indemnifying party’s employee. The most common example is a third-party over action by an employee of a lower-tier contractor against an upper-tier contractor or owner.
While ten years have already passed, many issues as to the applicability of the Anti-Indemnity Act persist, including issues relating to additional insured provisions in construction contracts. The C|Y Insurance Coverage Team continues to monitor these issues, so please contact them with questions here.
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
Cokinos | Young is pleased to announce that Kyle Zunker (San Antonio), Lauren Aldredge (Austin) and Anderson Sessions (Dallas) have been promoted to Principal in recognition of their commitment to their clients and the Firm, hard work, and dedication to providing best-in-class service.
“It is an honor to welcome our 2023 class of Principals, each of whom brings a unique and specific skillset and expertise to the Firm and exemplifies the core values of our C|Y family,” said founding partner Gregory Cokinos. “We are extremely proud of each of them and are proud to promote great lawyers internally to continue to serve our clients at the highest level.”
“These lawyers are true leaders and have demonstrated an unwavering commitment to our clients, both qualities we hold in high regard at C|Y” said founding partner Marc Young. “We look forward to their continued contributions as Principals.”
Congratulations to Kyle, Lauren, and Anderson on reaching this significant career milestone!
Kyle A. Zunker focuses on construction law and civil appellate matters. He has represented many different players in construction, including general contractors, subcontractors, material suppliers, engineers, and owners. Kyle takes pride in persuasively articulating his client’s position and is driven by his passion to provide clients with common-sense solutions to complex problems.
Lauren S. Aldredge is an experienced trial lawyer with a wide breadth of knowledge in construction law, corporate law and intellectual property law. Lauren is licensed before the United States Patent and Trademark Office and counsels clients on a broad range of patent and trademark matters, including intellectual property portfolio management, brand protection and infringement litigation. As a trial lawyer, Lauren brings her experience and judgment to help clients obtain the best resolution of their issues. She focuses on representing clients in all phases of litigation, including mediation, trial, and appeals. She has represented a wide variety of clients, including public entities, commercial enterprises, employers, and insurance companies.
R. Anderson Sessions is a courtroom lawyer whose practice focuses on resolving a broad array of complex business disputes. As an experienced litigator, Anderson is able to deliver strategic legal solutions to clients in all aspects of the dispute resolution process. His practice focuses on defending and prosecuting high-stakes business disputes involving breaches of contract, common law and securities, fraud deceptive trade practices, employment disputes, trade-secret litigation, unfair competition and trademark litigation, shareholder and partnership disputes, commercial real estate disputes, oil & gas litigation and other business torts.
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
Cokinos | Young is pleased to announce that the Bailey & Bailey, P.C. team has joined our San Antonio office. The addition of the Bailey & Bailey team marks an exciting milestone in our continued growth in key practice areas.
Johnathan Bailey will lead the firm’s government contracts practice and joins with Senior Counsel Chris Burwell and Associate Kristin Zachman. The Bailey & Bailey team has more than 50 years of combined experience and focuses on all aspects of contracting with federal, state, and local governmental entities, in a wide array of industries including construction, logistics, facilities maintenance, manufacturing, and large medical and IT services contracts.
“Cokinos | Young continues to grow strategically in key practice areas and the addition of the Bailey & Bailey team furthers our continuous expansion,” said Stephanie O’Rourke, C|Y San Antonio office managing partner. “Johnathan is well-known across the industry for exceptional government contract counsel, guidance, and litigation. We are thrilled to welcome such a talented group of attorneys to our C|Y family and look forward to working with them.”
“By joining the Cokinos | Young team, we are able to expand our footprint and solidify our position as a leader in the industry,” said Johnathan Bailey, “We look forward to combining our expertise and continuing to provide superior service to our clients.”
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
It is with great pleasure we announce that Austin Principal Marc Young has been elected to the American Board of Trial Advocates (ABOTA), a national invitation-only organization of experienced trial lawyers and judges consisting of approximately 7,500 members in all 50 states.
Founded in 1958, ABOTA is a national association of experienced trial lawyers and judges. ABOTA and its members are dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. ABOTA membership consists of more than 7,300 lawyers—equally balanced between plaintiff and defense—and judges spread among 96 chapters in all 50 states and the District of Columbia.
ABOTA is an invitation-only organization. Members must have at least five years of active experience as trial lawyers, have tried significant civil jury trials to conclusion and possess additional litigation experience. Marc has tried over 100 cases to a verdict. Members must also exhibit the virtues of civility, integrity and professionalism by following our Code of Professionalism and Principles of Civility.
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
Austin is primed to become the third city in Texas to adopt a Wage Theft Ordinance, following Houston in 2013 and El Paso in 2015. The Austin City Council, which passed a resolution at the beginning of the year ordering the city’s Office of Civil Rights (OCR) to develop a proposed Ordinance, is scheduled to consider OCR’s final proposed Ordinance during the Council’s meeting this Thursday, Dec. 1. OCR held a handful of public comment and discussion sessions over the past few months as it worked through draft proposals. Cokinos | Young attorneys Shannon Gatlin and Wilson Stoker, along with representatives of Associated General Contractors and Associated Builders & Contractors, attended these sessions to advocate on behalf of the construction industry and protect the interests of contractors.
Cokinos | Young and industry representatives succeeded in securing some meaningful improvements to the version to be presented to the City Council. As a result of the efforts of industry advocates and Cokinos | Young, the Ordinance being presented for passage appears to strike a reasonable balance of protecting workers from wage theft while also insulating employers who run their businesses in a professional manner from unfounded claims or penalties.
The full draft of the Ordinance submitted to the City Council is available to review here. Some of the most noteworthy provisions are as follows:
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
Cokinos | Young is pleased to announce that the firm has been ranked in the 2023 U.S. News & World Report and Best Lawyers®, “Best Law Firms” for the 13th consecutive year. Cokinos is listed nationally in 3 practice areas and regionally in 8 practice areas.
Firms included in the 2023 U.S. News – Best Lawyers® “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
To be eligible for a ranking, a firm must have one lawyer listed in The Best Lawyers in America, which recognizes the top four percent of practicing attorneys in the United States. Cokinos | Young has twenty lawyers listed in The Best Lawyers in America – Travis M. Brown, Gregory M. Cokinos, Stephanie H. Cook, J. Parker Fauntleroy, W. Patrick Garner, Charles Getman , John L. Grayson, Philip Kinkaid, Beau E. LeBlanc, Dana Livingston, Robert J. MacPherson, Shelly D. Masters, Stephanie L. O’Rourke, Darrell W. Taylor, Roger D. Townsend, John C. Warren, Peter Boyd Wells IV, Patrick J. Wielinski.
Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.
Cokinos Young, P.C. received the following rankings in the 2023 U.S. News – Best Lawyers® “Best Law Firms”:
ABOUT COKINOS | YOUNG
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
ABOUT “BEST LAW FIRMS”
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in the field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a 2023 ranking, a law firm must have at least one lawyer recognized in the 13th edition of The Best Lawyers in America® list for that particular location and specialty.
ABOUT U.S. NEWS & WORLD REPORT
U.S. News & World Report is the global leader in quality rankings that empower people to make better, more informed decisions about important issues affecting their lives. A digital news and information company focused on Education, Health, Money, Travel, Cars and News, USNews.com provides consumer advice, rankings and analysis to serve people making complex decisions throughout all stages of life. More than 40 million people visit USNews.com each month for research and guidance. Founded in 1933, U.S. News is headquartered in Washington, D.C.
ABOUT BEST LAWYERS
Best Lawyers is the oldest and most respected lawyer ranking service in the world. For 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers awards are published in leading local, regional and national publications across the globe.
Lawyers who are nominated for consideration are voted on by currently recognized Best Lawyers working in the same practice area and located in the same geographic region. Our awards and recognitions are based purely on the feedback we receive from these top lawyers. Those who receive high peer reviews undergo a thorough verification process to make sure they are currently still in private practice. Only then can these top lawyers be recognized by Best Lawyers.
We are excited to announce that fifteen Cokinos | Young attorneys are recognized as 2022 Super Lawyers® and Gregory Cokinos is named on the Top 100 Super Lawyers® list for both Texas and Houston. This distinction is held by less than five percent of Texas lawyers and selections are made on a state-by-state basis. Independent research consisting of an evaluation of 12 varying indicators of professional achievement combined with peer nominations and evaluations are employed to determine this accolade.
The full list of Super Lawyers will be published in:
– Texas Super Lawyers Magazine, in October 2022
– Texas Monthly, in October 2022
– Gregory Cokinos will be featured in The Top 100 Texas and Top 100 Houston lists
Our Super Lawyers include:
Austin:
Dana Livingston – Appellate; Featured in Super Lawyers Women’s Edition
M. Wilson Stoker – Employment & Labor
Marc A. Young – Construction Litigation
Dallas:
Travis M. Brown – Insurance Coverage
Patrick J. Wielinski – Insurance Coverage
Houston:
Gregory M. Cokinos – Construction Litigation; Top 100 List for Texas (13th Year) and Houston (16th Year)
J. Parker Fauntleroy – PI General: Defense
John L. Grayson – Construction Litigation
Robert J. Naudin, Jr. – Construction Litigation
Craig E. Power – Bankruptcy: Business
Russell W. Smith – Construction Litigation
Roger D. Townsend – Appellate
John C. Warren – Construction Litigation
San Antonio:
Gabriel S. Head – Construction Litigation
Stephanie L. O’Rourke – Construction Litigation; Featured in Super Lawyers Women’s Edition
About Cokinos | Young
Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.
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