Jonah Fritz is an associate in Cokinos |Young’s Dallas Office. Jonah’s practice primarily focuses on construction, real estate, and commercial litigation. His experience includes litigating matters before federal and state courts in Texas, appeals to the Texas Supreme Court, as well as the American Arbitration Association. Growing up in a family of general contractors, Jonah developed a passion for understanding and working with construction and real estate development issues.
Jonah received his J.D. from Texas A&M School of Law in May of 2022, where he served on the Texas A&M Journal of Property Law. During his law school career, he had the opportunity to intern with the Honorable Chief Justice Bonnie Sudderth of the Texas 2nd Court of Appeals. Jonah’s interest in construction law deepened when he worked as a fall clerk at a large commercial construction & architectural company headquartered in Dallas, Texas. As an undergraduate at Texas A&M, Jonah majored in Political Science with a minor in Sociology.
Education
Texas A&M School of Law – J.D., cum laude, 2022
Texas A&M University – B.A. Political Science, 2019
Recognitions & Distinctions
Recognized in Best Lawyers: Ones to Watch® in America (2026): Construction Law, Litigation – Construction, and Real Estate Law
Representative Experience
State, Federal Court, and AAA Arbitration litigation experience representing General Contractors, Subcontractors, Commercial Owners, Commercial Tenants, Suppliers, and Homeowners.
Extensive experience filing and litigating Chapter 53 Lien and Bond Claims.
Experience dealing with experts and expert reports in construction defect and delay claim disputes.
Experience negotiating and drafting commercial construction contracts, including modifying AIA standard form contracts.
Experience advising commercial clients in preserving claims against defaulting owners and contracts.
Experience assisting commercial clients in pursuing claims for delays, unpaid base contract balance work, and unpaid change order work.
Experience in defending against construction defect and delay claims.
Experience in litigating design defect claims.
Experience in insurance coverage disputes.
Experience in assisting with appeals to the Texas Supreme Court.
Memberships & Affiliations
State Bar of Texas
Dallas County Bar Association
Construction Law Section
Dallas Young Lawyers Association
Tarrant County Bar Association
Construction Law Section
Tarrant County Young Lawyers Association
Admissions
State Bar of Texas (2022)
United States District Court: Eastern and Northern Districts of Texas
Michael has a broad background in public and private construction litigation, successfully representing general contractors, subcontractors, and homeowners in public and private construction projects. Additionally, Michael represents businesses and individuals in a wide variety of contract, real estate, business tort, product liability, and other tort related matters.
Michael has successfully litigated multi-million dollar jury trials, court trials and arbitrations attaining favorable results for clients in matters involving breach of contract, mechanic’s liens, construction delays, differing site conditions, construction/design defects, strict product liability, economic interference, product liability, and personal injury. Additionally, Michael’s practice focuses on contract negotiation and risk management to further his clients’ interests for cost efficient resolution.
Education
University of St. Thomas – J.D., 2013
Loyola Marymount University – B.A. Political Science, magna cum laude,2007
Recognitions & Distinctions
Named Rising Star by Southern California Super Lawyers 2024
Representative Experience
Representative Experience includes litigation counsel to both private and publicly traded companies, small businesses, and individuals, including:
First-chair trial counsel in complete defense jury verdict in a $7 Million claim against a general contractor.
Second-chair trial counsel in a $200 Million arbitration on behalf of a general contractor against a public entity.
First-chair trial counsel in successful arbitration award on behalf of general contractor against California public entity.
Lead counsel in successful mediations on behalf of contractors, small business, and individual clients
Memberships & Affiliations
Dallas Bar Association
American Bar Association
Los Angeles County Bar Association
German-American Business Association
Wilshire Bar Association
Engineering Contractors Association
Admissions
State Bar of California
State Bar of Texas
United States District Court: Central District of California
Tim Delabar is an attorney in Cokinos | Young’s Dallas Office. Tim’s practice is primarily focused on insurance coverage, commercial litigation, and related appellate matters. His experience includes litigating matters before federal and state courts in Texas and surrounding states as well as on appeals to the Fifth and Tenth Circuit Courts of Appeals, Texas Supreme Court, and numerous intermediate appellate courts in Texas.
Tim has experience as both first and second chair and has taken cases to verdict in state and federal courts representing both plaintiffs and defendants. His appellate experience reinforces that appeals are won or lost at the trial court and Tim takes to heart Professor Gerald Powell’s advice that a good trial lawyer is a good record-smith. Whether it is forum battles, dispositive motions, evidentiary disputes, or the jury charge, Tim works tirelessly to position cases to ensure successful outcomes at the trial court and to defend those successes on appeal.
Tim sharpens his appellate and litigation skills by constantly exploring evolving areas of the law. The St. Mary’s Law Journal recently published Tim’s argument in favor of expanding mandamus review to the denial of no-evidence summary judgment motions, something the Texas Supreme Court has traditionally found unsuitable for mandamus review.
Tim received his J.D. from Baylor Law School, where he competed in the National Moot Court Competition in Child Welfare & Adoption Law where he made it to the semi-finals. Tim also competed in Baylor Law’s intra-school moot court competition where he made it to the semi-finals and was named a top-10 overall speaker. As an undergrad at Texas Christian University, Tim majored in Political Science.
Education
Baylor Law School – J.D., 2019
Texas Christian University – B.S. Political Science, 2015
Recognitions & Distinctions
Texas Bar Foundation Fellow
Publications
Author, The Next Thirty Years: Developments in Mandamus Jurisprudence in the Last Thirty Years and Why the General Rule that Mandamus is Unavailable to Review the Denial of Summary Judgment is Inconsistent with Modern Mandamus Jurisprudence Under the In Re Prudential Balancing Test, 55 St. Mary’s L.J. 351 (April 2024).
Memberships & Affiliations
State Bar of Texas: Appellate, Construction, Litigation, and Insurance Sections
Dallas Bar Association: Appellate, Construction, Professionalism, Tort & Insurance Practice, and Trial Skills Sections
American Bar Association: Litigation, Tort Trial & Insurance Practice, and JD Appellate Judges Conference Sections
Dallas Association of Young Lawyers
Admissions
State Bar of Texas
United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas
United States District Court: District of New Mexico
United States District Court: Western District of Oklahoma
United States District Court: Western District of Tennessee
United States Courts of Appeals for the Fifth and Tenth Circuits
Abigail has defended General Contractors and Subcontractors involving construction defect matters throughout Central and South Texas. She’s also represented defendants regarding commercial disputes, personal injury, premises liability, and product liability matters. Abigail is experienced in all aspects of litigation in federal and state courts and arbitration. In her career, Abigail has gained extensive courtroom experience and successfully briefed, argued motions, and handled depositions and trial preparation.
Before moving to Austin, Texas, in 2020, Abigail practiced law in Edinburg, Texas as a Criminal Defense Attorney, representing clients in various cases ranging from misdemeanors to felonies.
Education
Michigan State University College of Law – J.D., 2016
University of Texas at Austin – B.A. Spanish Literature and History, 2012
Memberships & Affiliations
Austin Young Lawyers Association
Travis County Women’s Bar Association
Construction Law Section of the State Bar of Texas
Texas Bar College
Legal Chair for ACE Mentor Program-Austin
Member for Regional Hispanic Contractors Association- DFW
Admissions
State Bar of Texas (2017)
United States District Courts: Northern, Southern, and Western Districts of Texas
Renee Mango is an attorney in the Dallas office of Cokinos | Young. Her practice primarily focuses on construction, insurance coverage, and commercial litigation. Renee received her J.D. from SMU Dedman School of Law in May 2021. From an early stage in law school, Renee developed an interest in construction law. She served as a judicial intern for a Magistrate Judge of the Northern District of Texas, and a summer clerk at a large commercial construction & architectural company headquartered in Dallas, Texas.
Education
Southern Methodist University, Dedman School of Law – J.D., 2021
– Associate Managing Editor, International Law Review Association
University of Texas at Austin – B.A., 2017
Recognitions & Distinctions
Recognized in Best Lawyers: Ones to Watch® in America (2024–2026): Construction Law, Corporate Law, and Insurance Law
Memberships & Affiliations
Texas Bar Association
– Construction Section
– Insurance Section
Dallas Bar Association
– Business Litigation
– Construction Section
– Tort & Insurance Practices Section
– Trial Skills Section
Admissions
State Bar of Texas
United States District Courts: Northern and Eastern Districts of Texas
Derek J. Kammerlocher is a Principal in the Dallas office of Cokinos | Young. Derek has devoted his career and practice to serving as an advocate for clients in the construction industry, including developers, contractors, design professionals, material suppliers, and insurance companies involved in the construction process. Based on his knowledge of the industry and specific experience, Derek helps his clients achieve their dispute resolution goals in payment, contract, defect, and insurance disputes, as well as other areas that often impact the construction industry, such as employment and personal injury disputes. Derek takes an individualized and tailored approach to each representation to ensure the satisfaction of each client’s specific goals.
Education
University of Texas School of Law – J.D., 2015
University of Texas at Austin – B.A. History, 2011
Recognitions & Distinctions
Recognized in Best Lawyers: Ones to Watch® in America (2023–2026): Construction Law, Corporate Law, Litigation – Construction, and Real Estate Law
Memberships & Affiliations
State Bar of Texas: Construction Law Section
Dallas Bar Association: Construction Law Section
State Bar of Texas
Admissions
State Bar of Texas (2015)
United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas
United States Court of Appeals for the Fifth Circuit
Sam Crecelius is an associate in the Dallas office of Cokinos | Young. Sam represents clients in all phases of litigation, including mediation, trial, and appeals. A decorated U.S Army combat veteran, Sam knows the value of hard work, discipline, and perseverance in the face of adversity, and he applies those values to each case he handles. His practice focuses on coverage litigation, as well as construction defect litigation, commercial litigation, and premises liability litigation. For each client, regardless of the subject matter, Sam leverages his real-world experience to obtain a favorable outcome.
Education
Texas A&M University School of Law – J.D., summa cum laude, 2017
University of Dallas – B.A., 2002
Recognitions & Distinctions
Recognized in Best Lawyers: Ones to Watch® in America (2024–2026): Commercial Litigation, Construction Law, and Insurance Law
Publications
Texas Negligence Case Holds Lessons for Construction Cos., Law 360, August 26, 2021
Memberships & Affiliations
American Bar Association: Forum on Construction Law
State Bar of Texas: Insurance Law and Construction Law Sections
Dallas Bar Association: Construction Law and Tort & Insurance Practices Section
Dallas Association of Young Lawyers
Member, Texas Bar College
Admissions
State Bar of Texas
United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas
United States Court of Appeals for the Fifth Circuit
Stephanie Cook has extensive experience with a wide range of business negotiations and disputes, having successfully represented general contractors, banks, insurance companies, owners, developers, and individuals in complex commercial and construction litigation and bankruptcy for over twenty years. She began her career at Winstead P.C. and worked in the Austin and Houston offices, handling lender liability and workouts. She actively served in its leadership committee before moving back to Austin to work in a litigation boutique handling civil and appellate litigation in state and federal courts for insurers, national lending institutions, and construction clients.
Stephanie has successfully negotiated contracts and resolved claims in excess of $1 billion in mission-critical and emerging technology work, including for national and regional Top 20 ENR contractors and leading industry practitioners. She has experience in mission-critical contracting, various project delivery methods, nuclear energy project delivery, project delays, and claim resolution.
Stephanie has settled, tried, or appealed a broad range of commercial and construction cases in state and federal courts in Texas, from delay claims, fraud, construction defects, commercial leases, subcontractor and general contractor disputes, director and officer liability, to lender liability and partnership disputes. She continues to represent international and national lending institutions relating to workout, debt restructuring, asset protection, and defaults. Her knowledge of lending practices translates into her ability to assess and protect clients in financially distressed projects.
Her devotion to the construction industry includes representing the industry before the Texas Legislature on matters important to continued construction success in Texas. She is a member of the Associated General Contractors-Texas Building Branch, Legal Affairs Committee, which monitors developing law affecting the construction industry, and partners with experts in engineering and architecture to understand all aspects of construction, engineering, and design. Frequently, she speaks with professional associations on best practices and developing law to understand business risks within the construction industry. Her experience also earned her acceptance into the American Arbitration Association roster for complex commercial and construction litigation.
Stephanie also gives back to the community through leadership. She is working with TEXO (AGC/ABC in North Texas) to chair a new Risk Management Committee. She is the past-Chair of AGC-Austin’s Diversity and Inclusion Committee and past Chair of TEXO Foundation’s DEI Committee. She was the past District Chair for Scouts, USA, and continues to participate at the local level in community outreach with her children.
Education
St. Mary’s School of Law – J.D., magna cum laude, 1999
– Order of Barristers
– John Harlan Society
– Phi Delta Phi Honor Society
– St. Mary’s Law Journal, Associate Editor
Texas Tech University – B.A., 1994
Recognitions & Distinctions
Recognized by The Best Lawyers in America® (2021–2026): Commercial Litigation, Construction Law, and Litigation – Construction
America’s Top 100 Bet-the-Company Litigators (2019–2022)
“Texas Rising Star,” Texas Monthly (2004)
Speaking Engagements & Presentations
Adjunct Professor, University of Texas at Austin School of Law, Arbitration — Spring 2024; Fall 2022; Fall 2021
“The Power and Persuasion of a Lien” — AGC-TBB, June 2023
“DEI Impact Initiatives: Sexual Harassment” — TEXO Association, May 2023
“Contract Drafting and Administration After James v. Westlake” — DBIA Southwest, April 2023
“James v. Westlake”— AGC-TBB, July 2022
OSHA: AGC Austin, June 2022
“SB 45 and Anti-Discrimination” — Client Presentation, August 2021
“Modernizing Commercial Liens – Is HB 2237 Better?” — AGC TBB Legislative Update, July 2021
“Risks and Rewards of Contracting in Texas” — Chambers Events Webinar, June 2021
“Pointers for General Contractors and Design-Builders” — Client Presentation, March 2021
“An Antidote for Construction Defects? The Right to Cure in Public Works and Buildings” — 34th Annual Construction Law Conference, March 2021
“The Impacts of COVID-19 and the November Election on the Construction Industry” — AGC Central Texas, November 2020
“COVID–Where Are We Today?” — TEXO Association, October 2020
“Key Provisions in Construction Contracts” — Client Presentation, February 2020
Travis M. Brown leads the firm’s Insurance Coverage and Risk Management practice group and serves as Managing Principal of the Dallas office. He brings more than a decade of experience advising clients on a wide range of insurance coverage matters. Travis began his career at an insurer-side firm with a national practice and gained valuable insight into how insurance companies evaluate claims, before and during litigation. Now, he applies that experience and insight on the other side of the docket to help companies ensure that insurers honor their obligations under the policy when a claim arises. His primary focus is advising contractors, owners, subcontractors, and other participants in the construction industry in disputes with their insurance companies. In his coverage practice, he frequently represents oilfield service providers, pipeline companies, alternative energy contractors, and other clients across the oil, gas, and broader energy industries. In addition, his coverage expertise extends well outside the construction context. In the past two years alone, he has assisted clients in securing multi-million-dollar settlements or claim payments in disputes with insurers in a wide variety of cases, including a claim for coverage involving an e-mail spoofing/wire fraud incident, an eight-figure claim involving catastrophic property damage from the 2021 statewide freeze event in Texas, and several seven and eight-figure claims under builders risk policies.
Education
University of Texas School of Law – J.D., 2008
University of Texas at Austin – B.A., Plan II Honors Program, 2002
University of Texas at Austin – B.B.A. Finance, 2002
Recognitions & Distinctions
Recognized in The Best Lawyers in America® (2023–2026): Construction Law, Insurance Law, Litigation – Construction, and Litigation – Insurance
Named a Texas Super Lawyer by Thomson Reuters (2022–2024). Each year, no more than 5 percent of lawyers in the state are selected to receive this honor.
Representative Experience
Submitted amicus brief on behalf of the National Association of Home Builders, Home Builders Association of Tennessee, and Home Builders Association of Greater Knoxville to the Tennessee Supreme Court in West Bend Mutual Ins. Co. v. Healy Homes, LLC, arguing that the Tennessee Supreme Court should follow a narrower construction of the standard “Pollution Exclusion” in a CGL policy.
Submitted amicus brief on behalf of Associated General Contractors of America (“AGC”) and Texas Building Branch—AGC, in support of Austin Bridge & Road, L.P. (“ABR”) in San Antonio River Authority v. Austin Bridge & Road, L.P., — S.W.3d —, 2020 WL 2097347 (Tex. May 1, 2020). After arbitrator denied River Authority’s plea of governmental immunity, River Authority objected to continuation of the arbitration and filed suit against contractors in the district court, contending that it lacked authority to agree to mandatory arbitration. Texas Supreme Court found for ABR and held that the River Authority had authority under the Local Government Code to agree to arbitrate disputes arising from a construction contract.
Lead counsel on lawsuit against carrier that denied coverage under client’s first-party property policy for Hurricane Harvey loss. The case resulted in a seven-figure settlement for the client.
Obtained multi-million dollar settlement for a general contractor in a dispute involving coverage for a complex construction defect suit, in which primary and excess insurers all denied coverage.
Obtained summary judgment for general contractor client in declaratory judgment action filed by client’s liability insurer. Insurer denied coverage for underlying lawsuit involving alleged defects in the construction of a municipal sports complex and filed suit seeking a declaratory judgment that it owed no duty to defend or indemnify the general contractor based on the “Breach of Contract Exclusion” endorsement in the policy. Court held that breach of contract exclusion did not apply to allegations of property damage caused by the defective work of the client’s subcontractors, and the insurer owed a duty to defend. Mt. Hawley Ins. Co. v. Slay Engineering / Texas Multi-Chem / Huser Construction Company, LLC, No. 5-18-CV-00252-OLG, 2018 WL 3946547 (W.D. Tex. Aug. 15, 2018).
Obtained summary judgment and dismissal of all claims against the owner and general contractor in a third-party over personal injury action brought by an injured employee of a subcontractor. The owner, general contractor, and plaintiff’s employer were insured under an owner-controlled insurance program (“OCIP”). The court applied section 406.123 of the Texas Labor Code to extend the protection of the workers’ compensation bar to the owner and general contractor.
Prepared amicus brief in support of Austin Bridge & Road, LP in Austin Bridge & Road, LP v. Suarez, et al., — S.W.3d —, 2018 WL 2049356 (Tex. App.—Houston [1st Dist.] May 3, 2018, no pet.). Court enforced OCIP workers’ compensation bar under Section 406.123 of the Texas Labor Code, reversed $17 million verdict, and rendered a take nothing verdict in wrongful death suit brought by survivors of sub-subcontractor’s employee, who died while performing work on McClane Stadium project at Baylor University. The court confirmed previous Texas cases holding that all contractors and subcontractors on the project that were insured under the OCIP were entitled to comp bar protection.
Regularly work with construction clients, before engaging in coverage litigation, to ensure that insurance carriers are properly defending their insureds, contributing to the settlement of covered property damage and bodily injury claims, and paying first-party claims under business risk and commercial property policies.
Speaking Engagements & Presentations
Presenter, “Insurance Law Update” — Construction Law Foundation of Texas, 2021 Annual CLE for Board Certified Construction Lawyers
Presenter and Article Author for the “Construction Update” — Texas Insurance Law Section, Advanced Insurance Law CLE (Webcast), 10-1-2021
Presenter and Article Author for the “Construction Update” — Texas Insurance Law Section, Advanced Insurance Law CLE (Webcast), 6-5-2020
Panel Member – EPC Contract & Risk Management for Construction and Capital Projects Conference, Houston, Texas, 9-12-19
Insurance Co. Must Cover Contractor in Sports Complex Row, by Mike Curley – Law360, 8-17-18
Court of Appeals Enforces OCIP Workers Comp Bar, Reverses $17 Million Verdict and Renders Take Nothing Judgment, 5-7-18
Court Enforces OCIP Workers Comp Bar in Third Party Over Action, 12-8-17
Insurance Basics for the Construction Lawyer – The Basic Course in Texas Construction Law 2017, Dallas, Texas 11-30-17
USAA v. Menchaca, Texas Supreme Court Issues Significant Clarification Affecting Insureds and Insurers, 4-25-17
Publications
Texas Negligence Case Holds Lessons for Construction Cos., Law 360, August 26, 2021
Memberships & Affiliations
Dallas Bar Association: Construction Law, Tort & Insurance Practice Sections
Dallas Bar Association: Construction Law Section, Council Member (2021)
Dallas Association of Young Lawyers
Admissions
State Bar of Texas
United States Court of Appeals for the Fifth Circuit
United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas
Community Involvement
McKinney Avenue Transit Authority: Board of Directors, (2016–Present); Chairman of Fundraising and Development (2018–2019)
Exchange Club of Lake Highlands: Scholarship Committee, 2017; Oktoberfest Committee, 2013
Pat Wielinski practices in the areas of construction, insurance coverage, and risk management. He provides advice on risk management issues and programs, integrating insurance, contract documents, and project relationships to manage and transfer risk for his clients. He also counsels clients as to insurance coverage and contractual risk transfer disputes, having been involved in insurance coverage claims for defective workmanship for over 35 years. At the same time, his practice involves commercial general liability, additional insured, builders risk, wrap-ups and controlled insurance programs, subcontractor default coverage, design professional, contractors protective professional liability, miscellaneous errors and omissions, environmental, oil and gas, property, directors and officers, and other third-party and first-party coverages. Pat regularly lectures to construction, insurance, and legal groups on insurance coverage and risk management issues, having authored numerous publications, many of which are relied upon in the insurance and construction industries.
Pat represents national, state, and local chapters of construction trade organizations, including the Associated General Contractors of America, in the filing of amicus curiae briefs in jurisdictions in which significant issues relating to insurance coverage for the construction industry are on appeal. The amicus curiae effort presents the arguments to be made on behalf of the entire construction industry as to the importance of the appeal.
Education
University of Minnesota – J. D., cum laude, 1981
St. John’s University – B.A. Government, summa cum laude, 1977
Recognitions & Distinctions
Named the Leading Commercial Insurance Liability Lawyer of the Year 2024 for North Texas by Acquisition International’s Leading Adviser Awards
Legend of Dallas Construction Law, Dallas Bar Association Construction Law Section, December 2023
Lawyer of the Year, 2021, Dallas/Fort Worth, Insurance Law, Best Lawyers
Lawyer of the Year, 2019, Dallas/Fort Worth, Construction Litigation, Best Lawyers
Recognized in The Best Lawyers in America® (2008–2026): Construction Law, Insurance Law, Litigation – Construction, and Litigation – Insurance
Recommended Lawyer, Who’s Who in Reinsurance & Insurance – USA
Texas Super Lawyer, Thomson Reuters, since 2004.
Chambers USA: Ranked Lawyer in Texas Insurance Law and Texas Construction Law, since 2006
Texas’ Best Lawyers, Best Lawyers: The Premium Guide, since 2009
AV rated by Martindale-Hubbell Peer Review Ratings
Representative Experience
Represents general contractors in drafting and submitting claims on Subcontractor default insurance policies.
Represented insured bank in prosecuting claims against its financial institution’s insurers as to claim involving fictitious collateral.
Represented captive insurer of highway and bridge contractor as to substantial construction defect claim as to retaining walls on tollway project, reaching a favorable settlement involving numerous parties.
Represented general contractor in obtaining a settlement as to builders’ risk coverage for a multi-story tower and above-ground parking facility, the excavation of which was inundated with groundwater during construction.
Represented insured utility contractor in prosecuting and settle in builders risk claim involving tunnel collapse under flooded riverbed.
Represented international airport as to CGL and professional liability coverage and settlement for alleged defects in automated people-mover.
Represented manufacturer of two-million-gallon concrete water tanks as to coverage and favorable settlement for defective concrete installed by subcontractor.
Represented radiographic inspection company as to insurance claims against its CGL and professional liability insurers for settlement of claim brought by large utility for alleged non-compliant inspections of welds in natural gas pipeline.
Represented surety in subrogation action against principal’s CGL insurer as to coverage and settlement of defective water pipeline claim.
Represented general contractor as to multi-faceted claims on CGL and umbrella policies issued as part of OCIP and subcontractor default policy, arising out of balcony failure on high-rise hotel condominium project.
Represented national homebuilder in a dispute with its pollution liability insurer over coverage for repair and remediation of hundreds of homes in the Southeast due to installation of Chinese drywall, obtaining a settlement after favorable ruling on venue, retaining the case in Texas state court.
Represented developer as coverage counsel in obtaining settlement on builders risk policy for delay caused by water infiltration.
Represented construction lender as coverage counsel in mediating and settling claim against builders’ risk carrier arising out of demolition of high-rise condominium project prior to completion due to construction defects.
Represented contractor in a dispute with its wrap-up insurer over coverage for defective showers throughout a casino/hotel project, obtaining completed operations coverage for the client
Represented general contractor as to collapse of 96-foot silo loaded with direct reduced iron pellets. Pursued completed operations coverage for property damage arising out of the collapse, and obtained a favorable opinion from the appellate court as to resulting damage as an “occurrence” under Arkansas law.
Represented owner of condominium project that suffered damage prior to completion due to construction defects, obtaining an opinion from the appellate court narrowly circumscribing the “particular part” of the property damage that was excluded and resulting in a favorable judgment for the owner against the contractor’s commercial general liability insurer.
Represented insured excavation subcontractor in claim against its commercial general liability insurer for the cost of overlaying a parking lot due to the fill installed by the subcontractor. The court held that property damage resulting from unintentional acts constitutes an “occurrence” under the policy and refused to apply the impaired property exclusion to the claim.
Represented insured contractor against its commercial general liability insurer to recover its attorneys’ fees arising out of a breach by the insurer of the policy. The Texas Supreme Court upheld the right of Texas insureds to recover those fees pursuant to Chapter 38 of the Texas Civil Practice & Remedies Code.
Obtained the first appellate opinion in Texas as to the 1986 pollution exclusion in a commercial general liability policy, in which the court refused to apply the exclusion where the insured contractor had encountered an underground pipeline on the site of its operations.
Speaking Engagements & Presentations
Co-Presenter, “Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements, Strafford Live Video Webinar, April 2024
“It Don’t Come Easy: Insuring Defective Construction Claims Over the Last 50 Years,” Houston Bar Association Monthly Meeting, November 2023
“Insuring Defective Construction Claims Over the Last 50 Years: The Song Remains the Same?” International Risk Management Institute Live Webinar, October 2023
Co-Presenter, “Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements, Strafford Live Video Webinar, April 2024
“Construction Indemnity: Still the Wild West?” Austin Bridge and Road, September 2022
Co-Presenter, “Oddities of the Texas Anti-Indemnity Statute,” Construction Law Foundation of Texas, 33rd Annual Construction Law Conference, San Antonio, Texas, March 2020
Presenter, “2018 Insurance Law Update,” Construction Law Foundation of Texas, 31st Annual Construction Law Conference, San Antonio, Texas, March 2018
Presenter, “Dichotomizing CGL Coverage for Construction Defects,” AGC of America-Surety Bonding and Risk Management Conference, Naples, Florida, January 2018
Presenter, “Lessons Learned: When CGL and Professional Coverages Collide,” 37th IRMI Construction Risk Conference, Indianapolis, Indiana, November 2017
Presenter, “Contractual Risk Transfer-Lower-Tier Entity Insurance Management,” CFMA 2017 National Conference, Phoenix, Arizona, June 2017
Presenter, “Covering All the Bases: How to Construct Your Builders Risk Policies and Prepare Your Claims to Maximize Your Coverage for General Conditions and Other Soft Costs,” AGC Surety Bonding and Construction Risk Management Conference, Naples, Florida, January 2017
Presenter, “The Construction Defect Case: Litigating the Defect or Litigating to Coverage” American Bar Association Forum on Construction Law Annual Meeting, April 2016.
Major Publications
Author, Insurance For Defective Construction, Sixth Edition, published by International Risk Management Institute, Inc. of Dallas, Texas, August 2023
Author, “Beware the Stunted CGL: Breach of Contract Endorsements,” published by International Risk Management Institute, Inc. of Dallas, Texas, at www.irmi.com, July 2020
Co-Editor, Construction Insurance: A Guide for Attorneys and Other Professionals, (Co-author with Lee Shidlofsky on Commercial General Liability chapter), ABA Forum on the Construction Industry, 2011
Author, Third Party Over Actions: Problems And Solutions, published by The Third Party and Additional Insured Liability Task Force of the Associated General Contractors of America, 1997
Co-Author, Contractual Risk Transfer: Strategies For Contract Indemnity And Insurance Provisions, published by International Risk Management Institute, Inc. of Dallas, Texas, August 1995
Co-Author with Jack P. Gibson, Broad Form Property Damage Coverage, published by International Risk Management Institute, Inc. of Dallas, Texas, October 1992
Memberships & Affiliations
American College of Construction Lawyers Fellow
State Bar of Texas: Past Chair, Insurance Law Section; Construction Law and Insurance Sections
Defense Research Institute: Construction Law Section
Dallas Bar Association: Construction and Tort and Insurance Sections
American College of Coverage Counsel
Associated General Contractors of America: National Surety Bonding and Construction Risk Management Committee
TEXO (DFW Chapter), Associated General Contractors of America
American Bar Association: Forum on the Construction Industry, Litigation Section, Tort Trial and Insurance Section
Admissions
Supreme Court of Texas
United States Supreme Court
United States Court of Appeals for the Fifth, Eighth, and Eleventh Circuits
United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas
Reported Cases
Chartis Specialty Ins. Co. v. American Contractors Ins. Co. Risk Retention Group, 2014 WL 3943722, 2014 U.S. Dist. LEXIS 110968 (D. Or. August 12, 2014) (upholding single occurrence as to developer of condominium project)
American Contractors Ins. Co. Risk Retention Group v. Zurich American Ins. Co., 2011 WL 6065400, (S.D. Fla. November 22, 2011) (upholding coverage for general contractor as additional insured on subcontractor’s policy in dispute involving the work performed by the subcontractor)
Lexicon, Inc. v. ACE American Ins. Co., 634 So.2d 423 (8th Cir. 2011)(upholding covered occurrence for resulting damage arising out of defective work of insured’s subcontractor)
Mid-Continent Casualty Co. v. JHP Development, Inc., 557 F.3d 207 (5th Cir. 2009) (upholding coverage for owner as judgment creditor of general contractor for defective workmanship performed on condominium project)
Broadmoor Anderson v. National Union Fire Ins. Co. of Louisiana, 912 So.2d 400 (La.App. 2 Cir. 2005) (upholding completed operations coverage for general contractor as to defective workmanship performed by subcontractor on casino project)
Wanzek Construction Co. v. Employers Ins. Co. of Wausau, 679 N.W.2d 322 (Minn. 2004) (completed operations coverage upheld for general contractor as to supplier under subcontractor exception in CGL policy)
Venture Encoding, Inc. v. Atlantic Mutual Ins. Co., 107 S.W.3d 729 (Tex.App. – Fort Worth 2002, pet. denied) (expenses incurred in curing breach of contract covered as “legal obligation” under liability policy insuring agreement)
Harken Exploration Company v. Sphere Drake Insurance PLC, 261 F.3d 466 (5th Cir. 2001) (saline contamination arising out of ordinary operations is a covered occurrence under insured drilling company’s CGL policies)
Grapevine Excavation, Inc. v. Maryland Lloyds, 35 S.W.3d 1 (Tex. 2000) (answering certified question in favor of insured contractor that policyholders are entitled to recover attorneys fees when insurer has breached the policy contract)
Continental Casualty Co. v. Major Constructors Co., 2000 WL 991601 (Tex.App. – Houston [14th Dist.] 2000) (contractual obligation gives rise to a legal obligation for purposes of contractor’s CGL coverage)
Kelley-Coppedge, Inc. v. Highlands Ins. Co., 980 S.W.2d 462 (Tex. 1998) (first Texas case interpreting 1986 pollution exclusion, upholding CGL coverage for contractor that struck an underground pipeline)
Federated Mutual Ins. Co. v. Grapevine Excavation, Inc., 197 F.3d 720 (5th Cir. 1999) (breach of construction contract as occurrence under CGL policy)
Data Specialties, Inc. v. Transcontinental Ins. Co., 125 F.3d 909 (5th Cir. 1997) (CGL coverage for breach of construction contract)
Reported Cases – Amicus Curiae Participation
Liberty Surplus Insurance Corporation v. Kaufman Lynn Construction, Inc., No. 23-12715-F (11th Cir.)
Acuity v. M/I Homes of Chicago, LLC. 2023 IL 129087, reh’g denied (Jan. 22, 2024)
Skanska USA Building Inc. v. M.A.P. Mechanical Contractors, Inc., 952 N.W.2d 402 (Mich., 2020)
Ewing Construction Co., Inc. v. Amerisure Ins. Co., 420 S.W.3d 30 (Tex. 2014)
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