T. Marshall Holmes

Biography

Marshall Holmes is a litigation attorney in the Houston office of Cokinos | Young whose practice focuses on complex matters including premises liability matters, contract disputes, personal injury and wrongful death claims, and construction defect claims.  While he primarily defends businesses in these issues, he has represented employers and employees alike in liability matters and other course and scope issues related to potential employee negligence.  Clients value Marshall’s confidence and competitive nature.  His innate tenacity and purposeful advocacy leads to effective resolutions for his clients, whether that means going to trial or procuring an agreeable settlement.

After graduating cum laude from Texas Christian University, Marshall attended the South Texas College of Law to pursue his passion for “being right” by becoming an attorney.  While there, Marshall was a member of the school’s nationally-recognized advocacy program.  He served on the championship teams in the National Entertainment Moot Law Court Competition and the William B. Spong Moot Court Competition, where he was individually recognized as Best Oral Advocate.  He has also been honored with the South Texas Dean’s Outstanding Advocate Award and is admitted to the National Order of Barristers.

Education

  • South Texas College of Law – J.D., 2013
  • Texas Christian University – B.A. Finance & Real Estate, cum laude, 2010

Recognitions & Distinctions

  • Named a Rising Star by Texas Super Lawyers (2023)
  • Best Oral Advocate, William B. Spong Moot Court Competition (South Texas College of Law)
  • Dean’s Outstanding Advocate Award (South Texas College of Law)

Representative Experience

  • Represented highway contractor in a four day personal injury jury trial with no pre-trial demand and ultimately secured a defense verdict.
  • Successfully defended a Mississippi based construction company in a five day jury trial against a multi-million dollar personal injury suit, ultimately securing a defense verdict.
  • Lead counsel in securing a directed verdict for a crematorium in a suit for breach of contract
  • Represented nationwide furniture manufacturer on a products liability suit resulting in favorable settlement for client.
  • Secured successful dismissal on behalf of a Louisiana transmission construction company for all direct causes of action in a personal injury suit.

Memberships and Affiliations

  • National Order of the Barristers

Admissions

  • State Bar of Texas
  • United States District Court: Southern District of Texas

Community Involvement

  • Family Legacy Child Sponsorship Program
  • K9 Angels Rescue
  • Nick Finnegan Counseling Center

Joshua J. Woods

Biography

Joshua Woods is a litigation attorney in the Houston office of Cokinos | Young, focusing primarily on complex commercial and industrial construction disputes. Joshua has handled construction disputes involving petrochemical plants, pipelines and compressor stations, multi-family residential construction, high-rise apartments and condominiums, large-scale network infrastructure, utility locating services, and healthcare facilities. Joshua has substantial experience and expertise at managing client’s electronic discovery needs as part of the litigation process.

Joshua graduated cum laude from South Texas College of Law, where he served as the Managing Editor of Currents, the Journal of International Economic Law. Joshua was also a member of the school’s nationally recognized advocacy program. Additionally, he represented South Texas College of Law in Vienna, Austria, and Warsaw, Poland, as part of the international arbitration advocacy program. He was honored for best brief at multiple advocacy tournaments.

Education

  • South Texas College of Law – J.D., cum laude, 2013
  • Texas State University – M.A. Legal Studies, 2010
  • Texas State University – B.P.A., 2007

Recognitions & Distinctions

  • Best Lawyers: Ones to Watch in America (2023 – 2025): Commercial Litigation, Construction Law, & Litigation – Construction

Judicial Experience

  • Clerked for Chief Justice Kem Thomson Frost and Justice Tracy Christopher for the 14th Court of Appeals in Houston, Texas.

Memberships & Affiliations

  • Texas Bar Association
  • State Bar of Texas: Construction Section

Admissions

  • State Bar of Texas
  • United States District Court: Northern, Eastern, Southern & Western Districts of Texas

John C. Warren

Biography

John Warren is a principal in the Houston office of Cokinos | Young. John is Board Certified by The Texas Board of Legal Specialization in Construction Law and focuses his practice on all types of major industrial, commercial, and residential construction, development, and real estate. Although he often helps clients avoid litigation through early involvement in the project’s lifecycle, John is frequently asked to handle disputes relating to design and construction defects, delays, loss of productivity, differing site conditions, mechanic’s and materialman’s liens, and performance and payment bond issues in the public and private sectors. John has counseled clients with respect to projects involving large petroleum processing facilities, tank farms, marine terminals, pipelines, dredging operations, convention centers, airports, schools, hospitals, hotels, federal government buildings, multi-level office buildings, condominiums, fire stations, commercial/retail buildings, strip malls, roads, bridges, master-planned developments, raw land, and residences.

In addition to his litigation practice, John also regularly drafts, reviews, and negotiates all types of construction (including EPC), real estate, and development contracts, as well as commercial leases and commercial lending packages.

Prior to his career as an attorney, John earned a Bachelor of Science degree in Architectural Engineering from the University of Texas at Austin and worked for several years as a Project Manager for a high-end general contractor. As a Project Manager, John acted as the liaison between owners, architects, engineers and subcontractors on a variety of different construction projects, gaining valuable experience and insight into the construction industry.

John is a frequent speaker and author concerning various legal issues affecting the construction industry. John is a past council member of the Construction Law Section of the State Bar of Texas, is a past Chair of the Houston Bar Association’s Construction Law Section, and is the founding Editor of The Change Order, a monthly publication reporting on significant cases affecting Construction Law, which is distributed in connection with the State Bar of Texas Construction Law Section. John is also an active member of several industry organizations.

Education

  • St. Mary’s University School of Law – J.D., 2008: Comment Editor, St. Mary’s Law Journal, Phi Delta Phi Legal Honors Fraternity, External Advocacy Program – Mock Trial
  • University of Texas at Austin – B.S. Architectural Engineering, 2002

Recognitions & Distinctions

  • Chambers USA: Ranked Lawyer in Texas Construction Law (2023 – 2024)
  • Best Lawyers in America (2019 – 2025): Construction Law & Litigation – Construction
  • Named a Texas Super Lawyer by Thomson Reuters (2021 – 2024)
  • Named to the Super Lawyers “Top List” for “Up-and-Coming 100: 2019 Texas Rising Stars”
  • Named to the Super Lawyers “Top List” for “Up-and-Coming 100: 2020 Texas Rising Stars”
  • Named a 2015, 2016, 2017, 2018, 2019, and 2020 Texas Rising Star in Construction Litigation by Thomson Reuters. Each year, no more than 2.5 percent of lawyers in the state are selected to receive this honor.
  • AV rated by Martindale-Hubbell peer review ratings; the highest rating possible
  • Life Fellow – Texas Bar Foundation

Representative Experience

  • Obtained favorable defense award after three-week arbitration hearing on behalf of ENR Top 10 general contractor client against claims of over $37,000,000 brought by subcontractor and four pass-through sub-subcontractors.  Case involved one of the largest commercial projects ever built in the City of Houston, and the largest healthcare tower project built to date in the Texas Medical Center, with construction costs that exceeded $500,000,000.  After 28 witnesses and nearly 4,000 trial exhibits and demonstratives, claimants recovered nothing on loss of productivity and delay claims associated with alleged mismanagement, abuse, and intentional interference, and were denied request for over $6,800,000 in attorney’s fees and costs.
  • Obtained eight-figure settlement on behalf of dredging contractor against public port authority related to over 3,000 instances of differing site-conditions and resulting damages.
  • Obtained favorable settlement on behalf of public entity in defense of claims from civil contractor related to alleged design deficiencies on urban road and drainage project.
  • Obtained favorable settlement on behalf of pipeline contractor in defense of claim for eight-figure damages asserted by major pipeline operator involving alleged workmanship issues associated with premature corrosion on complex pipeline system.  Case settled after over forty depositions were completed and shortly after Court granted motion to strike thirteen of Plaintiff’s experts.
  • Represented owner of large petroleum processing facility, tank farm, and marine terminal in dispute with engineering firm involving over thirty engineering design errors, omissions, and other deficiencies which resulted in substantial damages and delays to construction of project.
  • Obtained favorable defense award, including award of all attorneys’ fees, after a sixteen-day arbitration hearing on behalf of general contractor against subcontractor on over twenty separate claims involving alleged change directives, differing site conditions, delays, and losses of productivity related to federal government project. Cross-examined Plaintiff’s main fact and damages witness for over four days.
  • Obtained unanimous jury verdict for all damages and attorney’s fees on counterclaim after weeklong trial for a landscape design and construction company in a commercial lease dispute case. Affirmed by the 14th Court of Appeals: Ford v. Premier Installations and Design Group Inc.
  • Obtained favorable settlement for pipeline contractor in defense of differing site conditions claims brought by horizontal directional drilling subcontractor on project in North Carolina.
  • Obtained summary judgment and recovered defense costs after first week of three week arbitration hearing on behalf of a concrete subcontractor against owner in multi-party construction defect arbitration involving foundation issues on a major school project.
  • Represented national general contractor against governmental entity and architect in breach of contract case related to over 2,800 design deficiencies and associated delays/constructive acceleration in connection with expansion of a major city convention center project.
  • Obtained summary judgment and defense costs on behalf of general contractor in district court case involving breach of contract and fraud claims brought by subcontractor related to a commercial build-out project.
  • Obtained favorable arbitration award and attorney’s fees after two-week hearing on behalf of custom homebuilder for construction defect case against multiple subcontractors.
  • Represented national general contractor in multi-party construction defect and delay case involving international material suppliers on a 10-story office building project.

Speaking Engagements & Presentations

  • Speaker, Construction Law Basics Series – Part 2: Performance Bonds, Houston Contractor’s Association Education Committee Seminar, November 1, 2024
  • Speaker, From Blueprints to Blunders: Navigating Change Orders and Lessons Learned from Harris County v. Pulice Construction, Houston Contractors Association Management Conference, Cabo San Lucas, Mexico, September 28, 2024
  • Speaker, Construction Law Basics Series – Part 1: Changes, Houston Contractor’s Association Education Committee Seminar, September 13, 2024
  • Speaker, Construction Law Basics Series – Part 2: You Say Stop, But I Say Go Go Go; What to Expect from a Surety During Default, Houston Contractor’s Association Education Committee Seminar, November 3, 2023
  • Speaker, Construction Law Basics Series – Part 1: Changes, Houston Contractor’s Association Education Committee Seminar, May 19, 2023
  • Speaker, So You Want to be a Construction Lawyer? Top Ten Tips for the Under-A-Decade Lawyer, Construction Law Webinar Co-Sponsored by the Construction Law Foundation of Texas and the Construction Law Section of the State Bar of Texas, May 19, 2022
  • Speaker, Show Me the Money: Payment Security and Getting Paid, Houston Contactor’s Association, Educational Breakfast Seminar, September 3, 2020
  • Speaker, Change Orders: Everything’s the Same Until it’s Different, Houston Contactor’s Association Educational Breakfast Seminar, February 25, 2020
  • Speaker, Contracts from the General Contractor’s Perspective, The Basics Course in Texas Construction Law, Houston, Texas, December 5-6, 2019
  • Guest Lecturer, The University of Texas at Austin, Department of Civil, Architectural, and Environmental Engineering, October 23, 2019
  • Speaker, Recent Legislation Affecting the Construction Industry, Houston Contractors Association Management Trip, Chicago, Illinois, September 21, 2019
  • Speaker, Mind If I Pass-Through? Pass-Through Claims and Liquidating Agreements, 32ndAnnual Construction Law Conference, San Antonio, Texas, February 28, 2019
  • Speaker, Show Me the Money: Payment Security and Getting Paid, Associated Builders and Contractor’s Houston Contractor Educational Series, Houston, Texas, February 21, 2019
  • Speaker, Contracts from the General Contractor’s Perspective, The Basic Course in Texas Construction Law, Austin, Texas, December 13-14, 2018
  • Speaker, 10 Things to Look for Before Signing Your Next Contract, Houston Contractors Association Management Trip, Jackson Hole, Wyoming, October 19, 2018
  • Speaker, Avoiding, Transferring, and Limiting Risk in EPC Contracts, 6thAnnual Contract and Risk Management Conference, Houston, Texas, September 14, 2018
  • Speaker, Contingent Payment (“Pay-If-Paid”) Clauses in Subcontracts, Houston MBDA Business Center Legal Lunchtime Forum, Houston, Texas, May 16, 2018
  • Presiding Officer, The Basic Course in Texas Construction Law, Houston, Texas, December 1-2, 2016
  • Presiding Officer, The Basic Course in Texas Construction Law, Dallas, Texas, November 30 – December 1, 2017
  • Speaker, Causes of Action in Texas Construction Law, The Basic Course in Texas Construction Law, Austin, Texas, November 13, 2015
  • Frequent Guest Lecturer, Construction Law & Ethics Course, Construction Management Department, University of Houston
  • Speaker, A Frustrating Foursome of Contract Terms: Choice of Law, Limitation of Remedies in Arbitration, Liquidated Damages and Labor Shortage, The EPC Contract and Risk Management Seminar, Houston, Texas, January 15, 2015
  • Speaker, Making It Rain Without Getting Soaked: Marketing For New Lawyers, 28th Annual Construction Conference, San Antonio, Texas, March 6, 2015

Publications

  • Editor, The Change Order, State Bar of Texas Construction Law Section, 2018-Present
  • Author, Forum-Selection and Choice-of-Law Provisions: Are They Enforceable?, Houston Construction News, Vol. 13, No. 12, December 2016
  • Author, Construction Laws and Customs: Texas, Practical Law – Thomson Reuters, November 4, 2015 – 2019
  • Author, Setting the Limits in Texas Construction Law: A Look at the Surety’s Limitations Under Indemnity Agreements and Equitable Subrogation, 39 St. Mary’s L.J. 423 (2007), reprinted in 24 Legal Handbook for Architects, Engineers and Contractors: Issues in Construction and Technology 2007/2008 (Albert H. Dib ed., West Group 2008).

Memberships & Affiliations

  • Texas Board of Professional Engineers:  Registered Engineer in Training (EIT)
  • Texas Bar Association:  Construction Law Section (Council Member 2020 – 2023; Editor of The Change Order, a monthly publication reporting on significant cases affecting Construction Law; Chair of 2016 and 2017 Basic Course in Texas Construction Law; 2016 and 2017 Young Construction Lawyer Representative and Young Construction Lawyers Committee Chairperson for Houston)
  • Houston Bar Association:  Construction Law Section, Chair (2019 – 2020); Chair – Elect (2018 – 2019); Treasurer (2017 – 2018); Council Member (2013 – 2016), Litigation Section
  • American Bar Association
  • Associated Builders and Contractors of America, Greater Houston Chapter, Committee Member
  • Associated General Contractors of America, Houston Chapter Member, Committee Member
  • Houston Contractors Association, Committee Member
  • University of Texas Silver Spurs Alumni Association, former Board Member

Admissions

  • State Bar of Texas (2008)
  • United States District Court: Southern District of Texas
  • Pro Hac Vice Admission – State of Ohio

Christopher C. Wan

Biography

Christopher C. Wan is a Principal in the Houston office of Cokinos | Young. His practice focuses primarily on resolving complex commercial and industrial construction disputes through litigation and arbitration. Chris’s experience covers a variety of disputes involving refineries, chemical plants, pipelines, water treatment plants, high-rise condominiums, and university buildings, among other commercial and industrial projects. Chris graduated from the South Texas College of Law, where he served as the Texas State Bar- Construction Law Journal Student Editor. Prior to his legal career, Chris was an engineer specializing in highway design, with notable projects including State Highway 45 and State Highway 130 in Austin, Texas. Further, he worked alongside developers and contractors to assist with the design and planning phase of the tollways. Chris is fluent in Cantonese.

Education

  • South Texas College of Law – J.D., 2013
  • University of Texas at Austin – B.S. Civil Engineering, 2005

Recognitions & Distinctions

  • Best Lawyers in America 2025: Commercial Litigation
  • Named Super Lawyer in Construction Litigation by Thomason Reuters (2024)
  • Named a Rising Star in Construction Litigation by Thomson Reuters from (2018 – 2023)
  • Lecturer, Construction Contracts & Claims, Collaborative Global Construction Engineering Advanced Training Program, Texas A&M University with Chungbuk National University (Republic of Korea), College Station, Texas, 2018 & 2019
  • Texas Bar Foundation, Fellow
  • Texas’ Best Lawyers® – Ones to Watch (2021 – 2022): Commercial Litigation, Construction Law & Construction Litigation 2021

Representative Experience

  • Obtained a favorable defense verdict after a two-week bench trial for a mid-stream energy company over multiple competing claims for breach of contract (including contractor’s allegations of fraud and negligent misrepresentations) related to the construction of a 713-mile pipeline in Ohio.
  • Obtained a favorable settlement for an energy company against a contractor’s claims for additional compensation involving the construction of a crude oil terminal in Texas.
  • Obtained a favorable settlement for a mid-stream energy company over competing claims for breach of contract (which also involved a dispute of the enforceability of a forum-selection clause within the construction contract) related to the construction of compressor stations in West Virginia and Ohio.
  • Obtained a favorable defense verdict after a two-week arbitration for architecture firm defending against claims for breach of contract and breach of an architect’s standard of care involving a mixed-use commercial and residential high-rise in Houston, Texas.
  • Obtained a favorable jury verdict for industrial contractor after a three-week trial over multiple competing claims for breach of contract (including owner’s allegations of termination for default, defective work, and delay) related to the construction of a chemical facility in Geismar, Louisiana.
  • Obtained favorable settlement for a TIRZ against a general contractor’s claim for move-around costs resulting from alleged defective plans and specifications.
  • Obtained favorable settlement for industrial contractor seeking damages related to owner-directed changes, owner-caused delays, and misrepresentations made before and during the construction of a petrochemical pipeline.
  • Obtained favorable settlement for a real estate developer asserting delay damages and defective work with the construction of two 27-story condominium towers.
  • Represented an international infrastructure contractor in disputes related to public and private procurement and construction.
  • Obtained a favorable defense arbitration award after a four-day arbitration hearing on behalf of a heavy-civil-highway contractor in connection with a joint venture dispute and construction delays at a Texas tollway project.
  • Obtained a dispositive ruling on behalf of energy company against a general contractor and subcontractor’s claim for changed conditions in connection with dredging work near the Houston Ship Channel.
  • Obtained a multi-million arbitration award on behalf of owner against general contractor after a five-day arbitration hearing related to significant construction defects throughout the project.
  • Obtained a favorable settlement on behalf of a general contractor against an owner’s allegation of construction defects (that owner claimed was “systemic”) at a multi-unit senior living facility.

Publications

  • Author, Construction Laws and Customs: Texas, Practical Law – Thomson Reuters

Memberships & Affiliations

  • State Bar of Texas: Construction Law

Admissions

  • State Bar of Texas
  • United States District Court: Southern & Western Districts of Texas

David L. Tolin

Biography

David L. Tolin is a Principal at Cokinos | Young in Houston, Texas. David focuses his practice on the transactional aspects of construction law and routinely assists clients in preparing and negotiating all types of contracts and related project documents. He represents contracting parties across the spectrum of construction projects, from large-scale industrial and EPC projects to commercial and residential construction, and his clients include owners, contractors, subcontractors, and design professionals. David also counsels clients on business and legal issues that arise during construction and helps clients vigorously assert and protect their mechanic’s lien and bond rights. He is a frequent speaker at seminars and presentations across the state of Texas, and his writings concerning contract and lien law have been featured in numerous trade and industry publications.

Education

  • South Texas College of Law – J.D., summa cum laude, 2010
  • Lamar University – B.S. Communication, 2002

Publications

  • Fast Track Arbitrations: Another Alternative for Resolving Disputes – Construction Law Journal, March 2013
  • Watch Your Language: The High Cost of Delays – Modern Contractor Solutions, May 2013
  • Understanding Key Contractual Provisions and Issues – HalfMoon Educational Seminar, October 2013
  • Home Town Advantage: Understanding Venue, Choice of Law & Forum Selection Clauses – Modern Contractor Solutions, November 2013
  • Negotiating Delays and Contract Provisions that Address Time – American Subcontractors Association Presentation, April 2014
  • Let’s Be Clear: The Importance of Clarity in Contract Drafting – Modern Contractor Solutions, October 2014
  • Texas Lien Claims for Subcontractors and Suppliers – 2017 TLPCA Convention and Trade Show, June 2016
  • Texas Lien and Bond Claims – Texas State Bar Basics in Construction Law Course, November 2016
  • Important Changes to 2017 AIA Contract Forms – www.cokinoslaw.com, September 2017
  • Texas Mechanic’s Liens and Bonds – LexisNexis Practice Advisor, November 2017 (to present)
  • Understanding Construction Contract Essentials – HalfMoon Construction Contract Workshop, Morning Session, February 2018
  • Examining Legal Issues and Contract Disputes – HalfMoon Construction Contract Workshop, Afternoon Session, February 2018
  • Texas Construction Claims – Texas A&M Department of Construction Science Training Seminar, July 2018
  • Avoiding, Transferring, & Limiting Risks in EPC Contracts – 6th Annual Contract and Risk Management Conference, September 2018
  • Texas Construction Claims – Texas A&M Department of Construction Science Training Seminar, July 2019
  • Contract and Risk Management Conference for Construction and Capital Projects, September 2019 – Conference Chairperson

Memberships & Affiliations

  • State Bar of Texas, Construction Law Section
  • Houston Bar Association
  • Associated General Contractors of America, Houston Chapter
  • Associated General Contractors of America, Construction Leadership Council
  • American Subcontractors Association, Houston Chapter
  • Houston Contractors Association

Admissions

  • State Bar of Texas
  • United States District Court: Southern & Western Districts of Texas

C. Matthew Thompson

Biography

Matt Thompson is a Principal in the Houston office of Cokinos | Young with a focus on construction litigation and commercial disputes. Matt is licensed in both Texas and Louisiana, was named Rising Star in Construction Litigation in 2018, 2019, 2020, 2021, 2022, and 2023, and currently serves as an officer for the Construction Law Section of the Houston Bar Association, where he has served on the Council since being elected to the position in 2019.

In his construction litigation practice, Matt represents industry leaders in the commercial, industrial, and oil and gas sectors, advising contractors, subcontractors, and owners in all types of construction related disputes, including cases involving scheduling, delay, and loss of productivity claims, payment disputes, liens, performance and payment bonds, construction defects, bid contests, insurance coverage, and indemnity, among other issues that arise in construction and EPC contracts. With extensive experience in the courtroom and in arbitration, including international arbitration, Matt has litigated disputes involving pipeline construction and other midstream oil and gas operations; commercial and retail construction, including hospital, hotel, apartment, and condominium projects; and public projects at the federal, state, and local levels involving dredging, highways, airports, wastewater facilities, military bases, universities, and schools. Matt also drafts, reviews, and negotiates construction contracts for his clients.

As a commercial litigator, Matt has represented clients in a wide range of business disputes in the real estate, securities, energy, utilities, and healthcare sectors. He routinely handles complex commercial litigation matters involving commercial contracts, leases, debtor/creditor issues, and other matters integral to business operations. Matt has also represented clients in personal injury matters, multi-party litigation, multijurisdictional disputes, and class actions.

Matt also frequently assists clients in proactively avoiding litigation, often through early involvement in the negotiation and performance of construction and commercial contracts, strategic risk assessment, and alternative dispute resolution. Matt is a graduate of The University of Texas at Austin and earned his law degree from Louisiana State University, where he served on the Trial Advocacy Board.

Matt is a proud husband and father who enjoys coaching his kid’s baseball and softball teams and spending time with his family in the woods and on the golf course.

Education

  • Louisiana State University – J.D., 2009
    – Trial Advocacy Board
  • University of Texas at Austin – B.A., 2006

Recognitions & Distinctions

  • Recognized as a “Texas Rising Star” in Construction Litigation in 2018, 2019, 2020, 2021, 2022, and 2023 by Thomson Reuters

Representative Experience

  • Obtained an eight-figure award for a pipeline contractor and fully defeated the owner’s eight-figure counterclaim in an ICC arbitration involving the construction of a pipeline and associated facilities.
  • Obtained favorable defense award after three-week arbitration hearing on behalf of ENR Top 10 general contractor client against claims of over $37,000,000 brought by subcontractor and four pass-through sub-subcontractors. Case involved one of the largest commercial projects ever built in the City of Houston, and the largest healthcare tower project built to date in the Texas Medical Center, with construction costs that exceeded $500,000,000.  After 28 witnesses and nearly 4,000 trial exhibits and demonstratives, claimants recovered nothing on loss of productivity and delay claims associated with alleged mismanagement, abuse, and intentional interference, and were denied request for over $6,800,000 in attorney’s fees and costs.
  • Represented a general contractor in an arbitration proceeding involving a defaulted subcontractor and schedule delays. Following a five-day hearing, our client was awarded all supplementation cost incurred in connection with the defaulting subcontractor’s performance, as well as interest and attorney’s fees, and the defaulting subcontractor’s multi-million dollar counterclaim was denied in its entirety.
  • Successfully defended a Houston-based construction company in an arbitration proceeding initiated by a property owner who sought over $2.6 million for alleged construction defects and construction delays. Following a three-day hearing, the owner was awarded nothing, and our client received a sizeable award for wrongfully rejected invoices and change orders.
  • Obtained an eight-figure recovery for a dredging contractor in a matter involving differing site-conditions.
  • Represented a mechanical subcontractor in a hotly contested adversary bankruptcy proceeding involving lien priority and perfection issues for work performed on a $160 million cryogenic gas processing facility, resulting in a multi-million dollar recovery for client.
  • Absolved a heavy marine construction contractor of liability in high stakes litigation involving near-fatal injuries resulting from a pipeline pressure explosion and damages claimed in excess of $35 million.
  • Secured a total defense victory for client following an arbitration hearing where the plaintiffs alleged gross negligence and sought damages of more than $1 million.
  • Successfully defended a commercial property owner at trial against a general contractor’s breach of contract and lien foreclosure claims.
  • Successfully defended a federal court lawsuit that alleged compensatory and exemplary damages in excess of $100 million. Following motion practice, the court dismissed the claims against client in their entirety.

Memberships & Affiliations

  • State Bar of Texas, Construction Law Section
  • Houston Bar Association: Construction Law Section, Secretary/Treasurer (2023-2024); Council Member (2019-2024)
  • Louisiana Bar Association
  • Texas Bar College

Admissions

  • State Bar of Texas
  • State Bar of Louisiana
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court: Eastern & Southern Districts of Texas
  • United States District Court: Eastern, Middle & Western Districts of Louisiana
  • United States Bankruptcy Court: Southern District of Texas & Western District of Louisiana

Russell W. Smith

Biography

Russell W. Smith is a Principal at Cokinos | Young in Houston, Texas. Russell’s practice is primarily focused on resolving complex commercial and industrial construction disputes through litigation and arbitration. Russell has handled construction disputes involving refineries, chemical plants, pipelines and compressor stations, offshore-production and drilling platforms, water-treatment plants, office buildings, healthcare facilities, high-rise apartments and condominiums, retail and warehousing facilities, and military and university buildings, among other commercial and industrial projects. Russell is a frequent contributor to academic, construction-industry, and client-specific education and training programs focused on construction contracts, contract administration, and construction disputes. In addition to his construction practice, Russell has substantial experience representing clients in a variety of complex commercial disputes through all phases of state and federal litigation and arbitration.

Education

  • University of Texas at Austin – J.D., with honors, 2007
  • Texas A&M University – B.B.A., magna cum laude, 2004

Recognitions & Distinctions

  • Honoree, Houston Business Journal 40 Under 40 Class of 2020
  • Best Lawyers in America 2025: Construction Law
  • Named a 2019 – 2024 Super Lawyer in Construction Litigation by Thomson Reuters
  • Named a 2016 and 2017 Rising Star in Construction Litigation by Thomson Reuters
  • Fellow, Texas Bar Foundation

Representative Experience

  • Represented a Fortune 10 energy company in a wide variety of construction and related commercial disputes.
  • Represented publicly-traded pipeline company in nine-figure fraud and breach-of-contract disputes related to construction of interstate natural gas pipeline, construction of related compressor stations, and environmental remediation of pipeline rights-of-way.
  • Represented commercial real estate developer in dispute seeking damages for delay, defective work, and builder’s risk proceeds arising out of construction of luxury apartment community and associated infrastructure.
  • Obtained favorable jury verdict for industrial contractor after three-week trial over multiple competing claims for breach of contract (including owner’s allegations of termination for default, defective work, and delay) related to the construction of a chemical plant.
  • Obtained favorable settlement for pipeline company defending against general contractor’s claims for breach of contract and fraud related to the construction of multiple gas compressor stations.
  • Represented an American subsidiary of a Saudi-owned energy company in the enforcement of an arbitration provision requiring arbitration in the Middle East.
  • Represented an international infrastructure contractor in disputes related to public and private procurement and construction.
  • Obtained favorable settlement for commercial real estate developer seeking damages for delay and defective work associated with the development and construction of two 27-story condominium towers.
  • Obtained favorable jury verdict after one-week trial for telecommunications company defending against claims for breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment.
  • Obtained favorable settlement for general contractor bringing claims that owner breached a contract for the construction and commissioning of an air separation unit and fraudulently induced continued performance with no intention to pay.
  • Represented a foreign power company in dispute regarding ownership of mobile gas turbines and associated infrastructure in Tanzania.
  • Obtained favorable settlement for general contractor seeking damages related to owner-directed changes, owner-caused delay, and misrepresentations made before and during the construction of a petrochemical pipeline.
  • Represented an international engineering, procurement, and construction firm against negligence claims associated with the explosion of a chemical plant.
  • Served as national counsel for major beer manufacturer for franchise litigation and distributor relationship issues.

Speaking Engagements & Presentations

  • Lecturer, Advanced Topics in Construction Law, Texas A&M University, College of Architecture, Department of Construction Science, College Station, Texas, (2022 – 2024)
  • Speaker, Construction Contracts 101, American Pipeline Contractors Association, Houston, Texas, September 2024
  • Speaker, Predictions and Predilections with Elections, 2024 Design-Build Institute of America Southwest Regional Conference, Houston, Texas, May 2024
  • Speaker, Effective Use and Disclosure of Experts in Texas Construction Disputes, The Basic Course in Texas Construction Law, Houston, Texas, December 2023
  • Speaker, James v. Westlake: Written notice, substantial compliance, and practice points for contract negotiation, administration, and disputes in the wake of the Texas Supreme Court’s recent and significant decision, 36th Annual Construction Law Conference, San Antonio, Texas, March 2023
  • Speaker, James v. Westlake: Words Matter in Texas and Elsewhere, 2023 Design-Build Institute of America Southwest Regional Conference, Frisco, Texas, April 2023
  • Speaker, Forecasting Challenges in Design-Build Construction in light of Texas SB 219 and Material Price Escalation, 2022 Design-Build Institute of America Southwest Regional Conference, Oklahoma City, Oklahoma, April 2022
  • Speaker, The Biggest Issues Impacting Your Work, 2021 Houston Contractors Association Management Conference, Key West, Florida, August 2021
  • Speaker, Delay Claims: Force Majeure or Merely a Pandemic?, Associated General Contractors of America, Houston Chapter, Houston, Texas, May 2020
  • Speaker, Recently Enacted Legislation Impacting the Construction Industry, 2019 Houston Contractors Association Management Conference, Chicago, Illinois, September 2019
  • Chair, Contract & Risk Management for Construction & Capital Projects: Enhancing Collaboration and Decision-Making to Mitigate Risk and Liability of All Stakeholders, Houston, Texas, September 2019
  • Lecturer, Construction Contracts & Claims, Collaborative Global Construction Engineering Advanced Training Program, Texas A&M University with Chungbuk National University (Republic of Korea), College Station, Texas, 2018 & 2019

Memberships & Affiliations

  • Texas Bar Association
  • Texas Bar Foundation, Fellow
  • Houston Bar Association: Construction Law, Federal Practice, and Litigation Sections
  • American Bar Association
  • Texas Young Lawyers Association
  • The Society of Construction Law North America
  • Associated General Contractors of America, Houston Chapter, Committee Member
  • Houston Contractors Association
  • Design-Build Institute of America

Admissions

  • State Bar of Texas
  • United States District Court: Southern & Western Districts of Texas

Craig E. Power

Biography

Craig Power is the Principal in charge of the Commercial Litigation practice group at Cokinos | Young and concentrates his practice in complex commercial litigation, construction litigation, bankruptcy matters and debtor-creditor rights issues. Craig has represented creditors, creditor committees and bankruptcy trustees in bankruptcy courts across the country. Craig is a frequent author and speaker on bankruptcy topics and collection issues as they affect the lending, credit and construction industries. Craig also serves as the Firm’s General Counsel, responsible for the handling of the Firm’s legal matters.

Education

  • Texas Tech University – J.D., cum laude, 1979
  • Indiana University – B.A., with High Distinction, 1976
    – Phi Kappa Phi

Recognitions & Distinctions

  • Named Best Lawyers in America (2024 – 2025): Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Named a Texas Super Lawyer by Thomson Reuters (2006 – 2024). Each year, no more than 5 percent of lawyers in the state are selected to receive this honor.
  • Named one of Houston’s Top Lawyers by H Texas: (2008 – 2010) & (2014 – 2022)
  • Named a Lawyer for the People by H Texas: 2009
  • AV-Rated by Martindale Hubbell peer review ratings, the highest rating possible

Representative Experience

  • Represented suppliers and subcontractors in defense of voidable preference actions in the bankruptcy cases of multiple home builders.
  • Represented 2 gas suppliers to a plant. The gas company (plant) filed bankruptcy and failed to pay the suppliers. Asserted administrative reclamation claim giving client priority on repayment. Defended supplier on voidable preference actions.
  • Represented a fabricator of rig components against a major international drilling rig manufacturer.
  • Represent multiple community banks in handling collection matters, complex foreclosures and bankruptcy matters. Also consult and advise the community banks on various legal matters in connection with their interaction with the public.
  • Represented builder of luxury condominiums in successfully asserting priority constitutional lien of more than $2 million after developer filed bankruptcy and lender foreclosed.
  • Represented fabricator/installer of process pipe in asserting constitutional lien against debtor in bankruptcy to establish lien priority.
  • After being brought in as appellate counsel for contractor following unfavorable jury verdict, obtained reversal of judgement foreclosing supplier’s mechanics lien.
  • Represented finance consultant seeking earned fees for locating financing for major hotel in the Valley.
  • Represented general contractor on major hospital construction project in enforcing valid contingent payment clause against unpaid subcontractors and suppliers.
  • Successfully defended bank client from lender liability and economic duress claims of principals of borrower.
  • Represented a Norwegian fish supplier against U.S. retailer for non-payment.
  • Represented owner in obtaining judicial resolution of numerous mechanics liens when general contractor abandoned project, leaving subcontractors and suppliers unpaid.

Publications

Memberships & Affiliations

  • American Bar Association
  • State Bar of Texas: Former member of District 4-H Grievance Committee
  • Texas Bar Foundation – Sustaining Life Member
  • Houston Bar Association
  • Former Texas Supreme Court Unauthorized Practice of Law Committee, Houston Area Subcommittee, District 4 Chairman
  • Moller-Foltz Inns of Court

Admissions

  • State Bar of Texas
  • United States Claims Court
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court: Northern, Eastern, Southern & Western Districts of Texas
  • United States Supreme Court
  • United States Tax Court

Robert J. Naudin Jr.

Biography

Robert J. Naudin, Jr. is a Principal in the Houston office of Cokinos | Young. Rob is a trial attorney with over 20 years of litigation experience who focuses his practice on construction litigation matters. For most of this time, Rob has been representing corporations, partnerships, businesses and individuals in a diverse range of complex commercial matters in both federal and state courts, and in arbitration proceedings across the country. Rob has extensive trial experience as lead counsel and has been successful in achieving positive results for his clients. He has handled hundreds of millions of dollars in claims. Rob’s clients include publicly traded energy services and construction firms, national general contractors, commercial and retail development companies, as well as individual businessmen and women. In addition to providing litigation services, Rob regularly provides guidance to his clients to best serve their long-term goals; often resolving claims well before the initiation of suit. Prior to his civil practice, Rob served in the U.S. Navy Judge Advocate General’s Corps. During his Naval service, Rob honed his trial skills while prosecuting and defending felony cases across the globe. He was deployed to the Northern Arabian Gulf in 2003 with the USS TARAWA AMPHIBIOUS GROUP as the admiral’s sole legal counsel, or Staff Judge Advocate. There, he advised wartime admirals and commanders concerning all legal matters, including rules of engagement, law of armed conflict and detainee/prisoner of war issues and policies. Rob has received numerous personal and unit decorations including multiple Navy Commendation Medals, multiple Navy Achievement Medals, the Meritorious Unit Commendation, and the Global War on Terrorism Expeditionary medal.

Education

  • University of Houston Law Center – J.D., 1999
    – Phi Delta Phi Legal Honors Society
  • Texas A&M University – B.S., 1996

Recognitions & Distinctions

  • Named a Super Lawyer in Construction Litigation by Thomson Reuters (2019 – 2023)
  • Lecturer, Construction Contracts & Claims, Collaborative Global Construction Engineering Advanced Training Program, Texas A&M University with Chungbuk National University (Republic of Korea), College Station, Texas (2018)
  • Awarded the American Trial Lawyers Association Outstanding Advocacy Award

Representative Experience

  • Successfully defended in two-week trial publicly traded energy company against general contractor’s claims breach of contract, fraud and quantum merit concerning alleged multi-million-dollar change orders associated with construction of natural gas pipeline, ultimately recovering on multi-million-dollar counterclaims.
  • Successfully obtained multi-million-dollar settlement for major league sports team in dispute concerning replacement of defective stadium seating and fire safety system.
  • Regularly represents industrial, civil, and commercial general contractors with respect to collection of unpaid change orders, delay claims, loss of productivity claims and inevitable defense against counterclaims.
  • Successfully represented industrial piping contractor to collect unpaid change order work resulting in multi-million-dollar settlement during three-week arbitration proceeding.
  • Obtained favorable jury verdict after three-week jury trial for industrial mechanical and civil contractor against publicly traded chemical manufacturer against various claims including breach of contract.
  • Successfully obtained settlement of 10x more than original demand for general contractor claims against publicly traded energy company to collect for unpaid change orders and sting-along fraud claims associated with construction of large diameter oil pipeline.
  • Successfully represented general contractor against owner’s claims of defective performance relating to foundation damage for specialized waste warehouse arising out of differential movement.
  • Successfully represented electrical subcontractor to collect unpaid change orders against national general contractor relating to remodeling of five bonded public schools resulting in multi-million-dollar settlement.
  • Obtained favorable verdict in two-week jury trial tire distributor against multi-million-dollar warranty claims brought by international phosphate producer.
  • Successfully defended national contractor against breach of contract claims related to construction of natural gas facility.
  • Obtained favorable settlement during one-week jury trial for managing general insurance agency to enforce covenants not to compete against former employees and competing company and defend against counterclaims.
  • Successfully defended electrical services construction company against prominent homeowner’s claims of property damage in Rio Grande Valley.
  • Regularly advises industrial general contractor clients with respect to work-place injuries, fatalities and accident investigations.
  • Successfully tried to jury verdict claims for custom homebuilder and against owner’s claims of breach of contract.

Memberships & Affiliations

  • Texas Bar Association
    – Construction Law Section
    – Litigation Section
  • Associated General Contractors (AGC)
    – Governmental Affairs Committee Member
  • Houston Bar Association
  • Federal Bar Association

Admissions

  • State Bar of Texas (2006)
  • State Bar of California (2000)
  • United States Court of Appeals for the Armed Forces
  • United States Court of Appeals for the Fifth Circuit
  • Navy-Marine Corps Trial Judiciary
  • United States District Court: Northern, Eastern, Southern & Western Districts of Texas

Laura K. Napoli-Janitens

Biography

Laura Napoli-Janitens is a principal in the Houston office of Cokinos | Young. Her practice focuses on counseling clients through all phases of dispute resolution involving complex commercial and construction disputes. She has experience representing businesses in a diverse range of commercial matters in state, federal, and appellate courts, including litigation involving real estate disputes, industrial construction, pipelines, water supply distribution systems, municipal utility districts, developer disputes, and tort defense.

Education

  • University of Houston Law Center – J.D., 2015
  • Florence Design Academy – Master of Interior Design, 2007
  • Loyola University – B.A. English, magna cum laude, 2005

Recognitions & Distinctions

  • Best Lawyers: Ones to Watch in America (2024 – 2025): Commercial Litigation, Construction Law, and Litigation – Construction

Representative Experience

  • Obtained a favorable settlement for an owner and urgent care operator for construction and design defect claims against the architect, general contractor, and subcontractors related to the construction of a multi-million dollar medical facility.
  • Obtained a favorable judgement for a municipal utility district against a developer related to developer’s claims for reimbursement for a pump station project and developer interest.
  • Obtained a Fifth Circuit judgement for an oil field services company that revived breach of contract and indemnity claims against company’s staffing agency, leading to a favorable settlement.
  • Obtained a favorable jury verdict for landlord against tenant and guarantor for breach of contract related to the multi-million dollar build out of a commercial space.
  • Successfully defended favorable jury verdict before the First Court of Appeals cementing commercial landlord’s trial victory and award of damages and attorneys’ fees.
  • Obtained a favorable jury verdict for industrial contractor after a three-week trial over multiple competing claims for breach of contract (including owner’s allegations of termination for default, defective work, and delay) related to the construction of a chemical facility in Geismar, Louisiana.
  • Successfully negotiated the dissolution of a complex family partnership with extensive landholdings resulting in the sale of over $100 million of properties over the course of two years.
  • Successfully defended commercial real estate owner against frivolous ADA claims.

Publications

  • Borrower Beware: The Ramifications of the Court’s Re-Characterization of a Loan Transaction, 15 Hous. Bus. & Tax L. J. 329 (2015).

Admissions

  • State Bar of Texas (2015)
  • United States District Court: Southern District of Texas

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