Posts By: Gregory Cokinos

Announces Growth and Redoubles its Commitment to the Construction and Real Estate Sectors

HOUSTON — (March 1, 2017) Houston-based Cokinos | Young, formerly known as Cokinos, Bosien & Young, today announces their new name, logo and website while re-affirming its commitment to serving clients in the construction and real estate industries.

“Houston is where we began 28 years ago and remains our largest office,” said Gregory M. Cokinos. “With offices in Houston, San Antonio, Austin and Dallas, we employ more than 60 attorneys and continue to uphold the values that have always been hallmarks of our firm – exceptional client service, the highest caliber of legal acumen and the best possible outcomes for our clients. We take great pride in the fact that our very first client when we established our firm in 1989, a prominent general contractor, remains our client today.”

Cokinos | Young is highly regarded for providing distinguished counsel, outstanding service and powerful national, regional and local representation to clients in both the public and private sectors. The firm represents a wide variety of businesses – including owners, developers, contractors, specialty vendors and subcontractors – ranging from Fortune 500 companies to closely held construction-related entities and real estate development companies. Since its establishment in 1989, Cokinos | Young has expanded its practice to include virtually all aspects of corporate law and civil litigation. Today, in addition to their exceptional construction and real estate practice, the firm offers a full range of legal services, including business formation, mergers and acquisitions, employment, bankruptcy and creditor rights, and insurance and risk management.

“We understand the importance of knowing how different businesses operate,” said Marc A. Young. “Our attorneys are extensively familiar with the legal challenges, developments and trends in the industries we serve, so we are always ahead of the curve in our knowledge of the constantly evolving market conditions and legal landscape.”

Gregory Cokinos manages the firm and has earned the reputation as one of the most preeminent lawyers in his field. Gregory was the first attorney in Houston to be inducted into the American College of Construction Lawyers, and in 2002 he founded the Construction Law Journal, where he continues to serve as editor. Gregory has been ranked as one of the Top 100 Super Lawyers in the State of Texas by Thomson Reuters for many years, and is AV Rated by Martindale-Hubbell. In addition, Gregory, Marc Young and the firm have a Tier 1 ranking by Chambers USA.

Marc Young left Houston and started the San Antonio office in 2007, which has now grown to be one of the largest law firms in the area, and the largest law firm concentrating in construction law. He now manages Cokinos | Young’s newest office in Austin. Marc, who is board certified in personal injury trial law by the Texas board of legal specialization, has been named a Texas Super Lawyer by Thomson Reuters every year from 2006-2016, a distinction awarded to only five percent of lawyers statewide, and is AV Rated by Martindale-Hubbell. He is the 2016-2017 chair of the Federation of Defense and Corporate Counsel (FDCC) Trial Tactics, Practice and Procedures Section, a member of the FDCC’s Trial Master’s Program, and is a former chair of their Construction Law Section.

Cokinos | Young’s commitment to the construction and real estate industries includes extensive involvement with many industry-related trade groups and associations. These relationships provide the firm’s attorneys with opportunities to contribute to the development of issues impacting the industries they serve, and the clients they represent, making the firm one of the most innovative and influential firms in the business.

About Cokinos ǀ Young

Founded in 1989, Cokinos | Young has long been a leading law firm in the construction and real estate industries. Today, the firm has more than 60 attorneys across offices in Houston, San Antonio, Austin and Dallas, providing them an extensive state presence with a national reach. Over the past 28 years, Cokinos | Young has evolved into a fully integrated construction and real estate law firm, offering a comprehensive portfolio of legal services for both public and private-sector clients. In addition to representing clients on construction claims issues and contract negotiations, Cokinos | Young’s practice includes commercial litigation, corporate law, insurance and risk management, bankruptcy and creditor rights, labor and employment, appellate law, and alternative dispute resolution. For more information, please call 713.535.5500 or visit www.cokinoslaw.com.

Cokinos, Bosien & Young is pleased to announce that it has again been recognized as a Tier 1 firm in the 2017 “Best Law Firms” ranking by U.S. News & World Report in both metropolitan and national categories. Since the inception of the Best Law Firms ranking, CBY has consistently enjoyed the distinction of a National Tier 1 ranking.

For 2017, CBY was recognized as a National Tier 1 firm in the category of Litigation – Construction. In rankings of Metropolitan regions, both the Houston and Dallas offices were recognized as Tier 1 firms in specific practice areas. Complete rankings include:

National Tier 1: Litigation – Construction

National Tier 2: Construction Law

Dallas Metro Tier 1: Insurance Law and Litigation-Construction

Houston Metro Tier 1: Construction Law and Litigation-Construction

Houston Metro Tier 2: Personal Injury Litigation-Defendants

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 their field, and evaluation of additional information provided by law firms as part of the formal submission process. Rankings are compiled in 74 national practice areas and 122 metropolitan practice areas.

Firms included in the 2017 “Best Law Firms” list have displayed professional excellence, depth of legal knowledge, and positive ratings from clients and peers.

About Cokinos, Bosien & Young

Cokinos, Bosien & Young is the largest law firm in Texas with a concentration in construction and real estate law. Well known for leadership and undisputed expertise since 1989, and with offices in Houston, San Antonio, Austin and DFW, CB&Y has developed into a fully integrated law firm, offering every type of professional service necessary to maintain and operate in both the public and private sectors. In addition to the representation of clients concerning construction claims and contract negotiations, the firm offers a wide variety of services addressing all types of corporate needs, including employee/labor issues, corporate governess issues, risk management, and other related matters. Cokinos, Bosien & Young is committed to providing the highest level of legal knowledge, value, attentive service, excellence. Our attorneys are devoted to pursuing the best possible results for our clients, whether on a local, regional or national level.

Eight attorneys representing all four offices of Cokinos, Bosien & Young have been named by Thomson Reuters as 2016 Texas Super Lawyers. This distinction is awarded to less than five percent of lawyers and selections are made on a state-by-state basis. Peer nominations and evaluations are combined with independent research and each candidate is evaluated on 12 indicators of professional achievement. The full list will be published in the October issue of Texas Monthly magazine. Cokinos, Bosien & Young congratulates the following attorneys on their continued recognition.

Houston

Gregory Cokinos – Construction Litigation
Mr. Cokinos has received this recognition every year since 2005.

Richard Flake – ADR
Mr. Flake has received this recognition every year since 2006.

John Grayson – Construction Litigation
Mr. Grayson has received this recognition numerous times since 2011.

Craig Power – Bankruptcy, Business
Mr. Power has received this recognition every year since 2006.

Austin

James Ewbank II – Business Litigation
Mr. Ewbank has received this recognition numerous times since 2003.

Marc Young – Construction Litigation
Mr. Young has received this recognition every year since 2006.

San Antonio

Stephanie O’Rourke – Construction Litigation
Ms. O’Rourke has received this recognition every year since 2012.

Dallas

Patrick Wielinski – Insurance Coverage
Mr. Wielinski has received this recognition every year since 2004.

About Cokinos, Bosien & Young

Cokinos, Bosien & Young is the largest law firm in Texas with a concentration in construction and real estate law. Well known for leadership and undisputed expertise since 1989, and with offices in Houston, San Antonio, Austin and DFW, CB&Y has developed into a fully integrated law firm, offering every type of professional service necessary to maintain and operate in both the public and private sectors. In addition to the representation of clients concerning construction claims and contract negotiations, the firm offers a wide variety of services addressing all types of corporate needs, including employee/labor issues, corporate governess issues, risk management, and other related matters. Cokinos, Bosien & Young is committed to providing the highest level of legal knowledge, value, attentive service, excellence, and a full commitment to obtaining the best possible outcomes whether on a local, regional or national level.

Four attorneys from Cokinos, Bosien & Young have been selected for inclusion in the 2017 edition of Best Lawyers in America©. First published in 1983, Best Lawyers© is the oldest and most highly respected peer review guide to the legal profession worldwide. Selection to this prestigious list is based on exhaustive evaluations in which leading attorneys cast votes on the legal abilities of other lawyers in their geographical and legal practice area.

Cokinos, Bosien & Young is proud to recognize the following attorneys for their continued commitment to excellence in their profession and practice areas.

Houston, Texas

Gregory M. Cokinos – Construction Law, Litigation/Construction
Mr. Cokinos has appeared on this list for more than 10 years.

Richard P. Flake – Construction Law, Litigation/Construction
Mr. Flake has appeared on this list for more than 10 years.

J. Parker Fauntleroy – Personal Injury Litigation/Defendants
Mr. Fauntleroy first appeared on this list in 2015.

Irving, Texas

Patrick J. Wielinski- Insurance Law, Litigation/Construction
Mr. Wielinski has appeared on this list for more than 5 years.

About Cokinos, Bosien & Young

Cokinos, Bosien & Young is the largest law firm in Texas with a concentration in construction and real estate law. Well known for leadership and undisputed expertise since 1989, and with offices in Houston, San Antonio, Austin and DFW, CB&Y has developed into a fully integrated law firm, offering every type of professional service necessary to maintain and operate in both the public and private sectors. In addition to the representation of clients concerning construction claims and contract negotiations, the firm offers a wide variety of services addressing all types of corporate needs, including employee/labor issues, corporate governess issues, risk management, and other related matters. Cokinos, Bosien & Young is committed to providing the highest level of legal knowledge, value, attentive service, excellence, and a full commitment to obtaining the best possible outcomes whether on a local, regional or national level.

Cokinos, Bosien & Young is pleased to announce that five of its attorneys have been selected to the 2016 Texas Rising Stars list. The list is compiled by Thomson Reuters and identifies leading attorneys in Texas who have been in practice less than 10 years or who are younger than 40 years old. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.

New to the Rising Stars list are Russell W. Smith and Abbie G. Sprague, both recognized for their work in construction litigation. Returning to the list for a second time are Gabriel S. Head and John C. Warren, also recognized for construction litigation, and Misty A. Segura, recognized for her work in bankruptcy law.

“It comes as no surprise to see the members of our firm recognized as Rising Stars for their hard work while working with our firm. We are proud that these attorneys have been appropriately recognized,” says Gregory Cokinos, one of the founding principals of the firm.

The full list of 2016 Texas Rising Stars will appear in the April issues of Texas Monthly magazine and Texas Rising Stars magazine.

We are pleased to announce that Cristopher (Cris) S. Farrar has rejoined the firm’s Houston office as a Principal. With over 20 years of experience, Cris focuses his practice on domestic and international project development and construction law. He comes to the firm from global powerhouse, DLA Piper, and brings significant experience managing matters involving capital improvements and large asset-based transactions ranging from $25 million to over $2 billion.

Cris has been recognized as a leading up and comer, consistently advising clients from the commercial, energy, oil and gas, power, renewable, manufacturing, chemical, pipeline and infrastructure industries on a wide range of sophisticated and complex project development matters. He focuses on engineering, architectural and construction related agreements, services and operations contracts, and oilfield services transactions. He regularly assists clients with the preparation, drafting and negotiation of complex commercial transactions related to projects and construction, as well as advising clients with the claims and litigation/arbitration process associated with project disputes.

Gregory Cokinos, a founding partner who has the distinction of becoming the first Houston lawyer elected to the American College of Construction Lawyers, stated “We are extremely pleased at the depth and level of experience that Cris is bringing to our firm. Cokinos, Bosien & Young sets itself apart as a premier construction firm, and Cris’s background and skills will immediately strengthen our construction transaction practice so we can continue to provide our clients with the high-quality services they have come to expect from us.”

Cris has worked as in-house counsel for several international engineering and construction companies, and has significant domestic and international experience representing owners, lenders, developers, contractors, suppliers and vendors in all aspects of development and projects. Cris lived in the Middle East while advising a National Oil Company, and has drafted and negotiated construction related agreements for projects in North and South America, the Middle East, Europe, Russia and Africa.

ABA FORUM ON CONSTRUCTION SELECTS WIELINSKI’S PRESENTATION

The ABA Forum on Construction is celebrating its 40th Anniversary and has selected the most popular presentations from its history for the annual meeting in Nashville, Tennessee. Pat Wielinski and two co-speakers have been invited to reprise a construction insurance coverage presentation from 2009, “The Construction Defect Case: Litigating the Defect or Litigating the Coverage?” The Forum meeting is April 28-30, 2016 at the Nashville Omni. A program brochure is available here.

PAT WIELINSKI PRESENTS TO AGC OF AMERICA

Pat Wielinski presented at the AGC of America Surety Bonding and Construction Risk Management Conference on February 2, 2016 in Naples, Florida. The topic was “Digging Deeper: Coverage for Construction Defects,” which addressed alternative means to secure coverage for construction defects that do not involve traditional property damage. The conference was attended by 350 of the leading general contractors, specialty contractors, insurers and brokers that service the construction industry.

Pat is a member of the Surety Bonding and Construction Risk Management Committee, and regularly submits amicus curiae briefs on behalf of the AGC and other industry organizations in appeals across the United States which involve insurance coverage issues that impact the construction industry.

January 25, 2016 – Pat Wielinski and the insurance coverage team at Cokinos, Bosien & Young – Rene Pinson and Amy Rauch – filed an amici curiae brief on behalf of the Associated General Contractors of America and its New Jersey chapter in Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C., No. 076348, which is currently pending before the New Jersey Supreme Court. In Cypress Point,a condominium association sued its developer/general contractor on the condominium project, the developer’s insurer, and various subcontractors seeking coverage under the developer’s CGL policy for damage to common areas of the condominium building and unit owners’ property caused by the subcontractors’ defective installation work. The trial court determined that that there was no property damage or occurrence, so coverage was not triggered under the developer’s policy because there was no damage to third party property, but only to the work of the insured. However, on appeal, the Appellate Division, in Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C., 118 A.3d 1080 (N.J. Super. Ct. App. Div. 2015), distinguished prior case law because the policy before it was written on the 1986 ISO form, which, in its view, created a reasonable expectation that a subcontractor’s faulty workmanship is to be treated differently from the work of a general contractor based upon the exception for property damage arising out of a subcontractor’s work. In addition, the court determined that property damage to other work besides the subcontractor’s own defective work constituted an occurrence. The court also emphasized the fact that coverage was not sought for the subcontractors’ work itself, but only for damage to other portions of the work. The insurers appealed to the New Jersey Supreme Court.

Cypress Point is a significant opinion because it is the first New Jersey opinion to clearly distinguish Weedo v. Stone-E-Brick, 405 A.2d 788 (N.J. 1979), a notorious, but dated decision from the New Jersey Supreme Court. The appeal of the Appellate Division’s opinion decision, particularly as it relates to Weedo, is significant because insurers across the country have relied on Weedo and its progeny for nearly forty years to justify denying coverage to contractors for damage caused by the defective work on the basis that such damage does not constitute an occurrence of property damage under CGL policies. It has been cited to courts literally hundreds of times, including the courts of Texas, even though it did not address the definition of “occurrence,” but rather addressed only exclusions in a prior policy form that are no longer part of the standard CGL policy, and despite the fact that the CGL policy form was revised in 1986 to provide coverage for damage caused by the defective work of subcontractors through the subcontractor exception to the “Your Work” Exclusion, which excludes coverage for the named insured’s own defective work. Unfortunately, too many courts followed the Weedo v. Stone-E-Brick outmoded rationale to deny coverage to insured contractors that should otherwise have been provided coverage under their policies.

By sponsoring the brief, the Amici Curiae hope through clarification and relegation of Weedo to its proper place, that is, a historical line of reasoning that applies to policy forms that at are, for the most part, no longer in use, that the net result will be the intended scope of coverage for the construction industry for inadvertent construction defects. If you have any questions, please contact Pat Wielinski.

2015 was a banner year of recognition and accolades for Cokinos, Bosien & Young attorneys and for the firm as a whole. We would like to congratulate all of our attorneys that have been recognized locally, statewide and even nationally for their excellence.

Gregory Cokinos has earned a reputation as one of the preeminent lawyers in his field and consistently appears in local as well as national rankings for legal excellence. For 2015, he has been named a Thomson Reuters Super Lawyer for Construction Litigation – a distinction he has enjoyed since 2005. Gregory is also listed by the US News & World Report as a 2016 Best Lawyers in America for Construction Law and Litigation.

James Ewbank II is Board Certified by the Texas Board of Legal Specialization for both Civil Trial and Personal Injury Trial Law. Mr. Ewbank has been named a Thomson Reuters 2015 Super Lawyer for Business Litigation, a distinction he has earned numerous times since 2003.

J. Parker Fauntleroy works primarily with companies involved with catastrophic claims and complex disputes. The US News & World Report named Mr. Fauntleroy as a 2016 Best Lawyers in America for Personal Injury / defendants.

Richard Flake has garnered extensive national accolades for his expertise in Alternative Dispute Resolution. US News & World Report named Mr. Flake the 2016 Lawyer of the Year for Houston in Construction Litigation – an honor he also received in 2011 and 2013. Mr. Flake has also been named a Thomson Reuters 2015 Super Lawyer for Alternative Dispute Resolution and Construction Litigation, a recognition he has maintained since 2006.

John Grayson has represented major contractors in both the public and private sector and his experience includes jury trials, bench trials and a range of construction-related disputes. Mr. Grayson has been named a Thomson Reuters 2015 Super Lawyer for Construction Litigation, a distinction he has maintained since 2011.

Gabriel Head focuses primarily on construction litigation. He has been named a Thompson Reuters 2015 Texas Rising Star in Construction Litigation.

Stephanie O’Rourke manages the firm’s San Antonio office and is a member of the firm’s litigation practice group. Ms. O’Rourke has been named a Thomson Reuters 2015 Super Lawyer in Construction Litigation. She has received this distinction consistently since 2012.

Craig Power is the Principal in charge of the firm’s Commercial Litigation practice group and is a frequent speaker and author on bankruptcy topics as they affect the credit and construction industries. Mr. Power was named a Thomson Reuters 2015 Super Lawyer for Bankruptcy: Business. Craig Power has been named a Super Lawyer every year since 2006.

Misty Segura focuses her practice on commercial and bankruptcy litigation matters. Ms. Segura has been named a Thomson Reuters 2015 Rising Star in Business Litigation.

John Warren is a principal in the firm and focuses his practice on construction-related matters and disputes. He has been named a Thomson Reuters 2015 Rising Star in Construction Litigation.

Patrick Wielinski is a principal in the Dallas/Ft. Worth office and focuses his practice on risk management and insurance matters. Mr. Wielinski has been named a Thomson Reuters 2015 Super Lawyer in Insurance Coverage. He has been named a Super Lawyer every year since 2004. Pat Wielinski has also been named a US News & World Report 2016 Best Lawyers in America for Insurance Law and Litigation/construction.

Marc Young is a founding principal and is at the helm of the firm’s new Austin office. Mr. Young heads the firm’s tort litigation section. He has been named a Thompson Reuters 2015 Super Lawyer for Construction Litigation. Marc Young has enjoyed this distinction every year since 2006.