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

• Best Lawyers in America 2019 – 2024: Construction Law & Litigation – Construction
• Named a Texas Super Lawyer by Thomson Reuters for 2021-2023
• 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 14^th 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: 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, 32^ndAnnual 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, 6^thAnnual 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

Biography

Christopher C. Wan is an 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

• 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.

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

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

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
• Fellow, Texas Bar Foundation
• Named a 2019 – 2023 Super Lawyer in Construction Litigation by Thomson Reuters
• Named a 2016 and 2017 Rising Star in Construction Litigation by Thomson Reuters

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 & 2023
• 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

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- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
• Named a Texas Super Lawyer by Thomson Reuters from 2006-2023. 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

• Power, C. E. (2010, February). The impact of bankruptcy on the construction industry: What to do when a party on a construction project goes bankrupt. Paper presented at HBA Construction Law Section, Houston, TX.
• Power, C. E. (2006, January). Something old & something new: Implications of the bankruptcy code and the new bankruptcy act on your construction law practice. Paper presented at HBA Construction Law Section, Houston, TX.
• Power, C. E. (2002, February). What to do when a party on a construction project goes bankrupt. Paper presented at 15th Annual Construction Law Conference.
• Power, C. E. (n.d.). Scope of the automatic stay in suspending multi-party litigation.

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

Biography

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

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 in America: Ones to Watch 2024- 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

Biography

No stranger to a construction site, John Grayson worked his way through college as a laborer, equipment operator and pouring concrete in the Houston area.

Immediately upon graduation from Baylor University School of Law, Grayson went to work defending major aircraft manufacturers and industrial equipment suppliers in several high stakes cases involving multiple deaths and serious injuries. For 39 years, John has concentrated on major, complex litigation. The breadth and sophistication of Grayson’s experience are unequaled as evidenced by his recognition by Best Lawyers in America in three categories: Construction Law, Construction Litigation and Personal Injury Litigation – Defendants. Grayson’s work on everything from major pipeline, commercial and residential construction matters to mass tort and securities class and mass actions has taken him from coast to coast and to many foreign countries. His clients include owners, developers, general contractors, energy contractors, ammunition manufacturers, utilities and fiber optic companies in trials and arbitrations. He also represents design professionals, individuals, physicians, physician groups and attorneys. Clients describe John’s style as aggressive, intellectual and practical. In addition to his training as a Mediator, Grayson is a Panelist with the American Arbitration Association (AAA) for Construction Disputes.

A frequent contributor to the Construction Law Journal, John’s work has also been published in the Texas Bar Journal. He has presented at the Center for International Legal Studies in Salzburg, Austria and is a regular presenter on EPC Contract and Risk Management and energy-related trade groups.

John has been AV rated for over 30 years, is a member of TX Oil and Gas Association, the FDCC, and maintains membership in the Construction, Litigation, Insurance and Aviation sections of the State Bar of Texas.

Education

• Baylor University School of Law – J.D., 1983
• Texas A&M University – B.A. History, cum laude, 1980
• National Mediation Academy, Dallas, Texas, 2003

Recognitions & Distinctions

• American Mensa
• Best Lawyer in America 2021 – 2024: Construction Law, Litigation – Construction & Personal Injury Litigation – Defendants
• AV rated for over 30 years by Martindale Hubbell for legal ability and ethics.
• Named a Texas Super Lawyer by Thomson Reuters from 2011-2023. Each year, no more than 5 percent of lawyers in the state are selected to receive this honor.

Representative Experience

• In a matter arising from the death of a worker in an oil patch accident, Grayson and his team obtained complete summary judgment for the client who is a global leader in manufacturing pipe and equipment for the oil patch. The plaintiff’s final demand at the court-ordered mediation was $150 million.
• 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.
• Defense Counsel in Claims involving pre-mature corrosion and failure of a complex of energy pipelines and over $40 million in claims. Following extensive discovery and dispositive motions, the case settled favorably for the defense.
• Defense counsel for horizontal drilling (HDD) contractor related to construction of natural gas pipeline. Matter was favorable resolved.
• Successfully defended a global architecture firm against $16 million delay and consequential damages in arbitration.
• Successfully defended fiberoptic communications company in 2 million+ contract case in Utah Federal District Court.
• Handled contracting issues in construction of $1.4 Billion steel pipe manufacturing facility.
• Represents energy pipeline contractors in multiple states.
• Represented a major general contractor in litigation stemming from a multi-story office building project.
• Represented a consortium of 44 banks seeking recovery of financing provided for construction of a beachfront high-rise condominium that developed serious structural problems which required its demolition.
• Represented the general contractor in disputes with international suppliers and complex scheduling issues in connection with the expansion of a major city convention center.
• Represented a national electrical subcontractor in an airport expansion project concerning contract and payment litigation involving prevailing wage rates disputes.
• AAA Arbitration for a major tank construction contractor involving construction of a LNG storage facility in Louisiana.
• Represented a major homebuilder in multi-party litigation arising from the alleged pre-existing ground contamination of a residential development.

Speaking Engagements & Presentations

• CLE Presenter:  “Liquidated Damages Provisions”, The Construction Law Foundation of Texas, Houston, December 5, 2019
• Center for International Legal Studies (Invited Speaker – Salzburg, Austria November 2004)

Publications

• Grayson, J. (n.d.). Derivitive soverign immunity: An idea whose time has come for Texas? Construction Law Journal, 11(2).
• Grayson, J. (n.d). Creative uses of declaratory judgement in the construction litigation context. Construction Law Journal, 17(1).
• Forum Non-Conveniens – The Other Side of the Story, Texas Bar Journal, September 1992

Memberships & Affiliations

• Society of Construction Law
• Texas Oil and Gas Association
• NACE International
• American Arbitration Association (AAA): National Roster of Arbitrators, Large Complex Construction Disputes
• Federation of Defense & Corporate Counsel (FDCC)
• State Bar of Texas: Construction, Litigation, Insurance, Aviation
• Federal Bar Association

Admissions

• State Bar of Texas (1983)
• United States District Courts: Northern, Eastern, Southern & Western Districts of Texas

Community Involvement

• Texas Aggie Bar Association (Board Member 2004-2007)
• Baylor Law Alumni – Lifetime Member
• Boy Scouts of America – Assistant Scout Master; father of Eagle Scout
• Charles L Sommers Alumni Association, Life Member

Biography

Tony Golz’s practice focuses primarily on commercial litigation and appellate matters for a wide range of clients. He has represented contractors and owners, as well as product designers and distributors in commercial disputes involving construction defect/delay claims, mechanic’s and materialman’s lien claims, product liability claims, breach of contract claims and DTPA/Insurance Code claims. Tony is Board Certified in Appellate Law by the Texas Board of Legal Specialization.

Tony graduated Cum Laude from the University of Houston Law Center, where he also served as the Head Senior Articles Editor for the Houston Business and Tax Law Journal. After graduation, Tony served as the Briefing Attorney for former Justice Wanda McKee Fowler of the Houston (Fourteenth) Court of Appeals, where he gained valuable appellate experience.

Education

• University of Houston Law Center – J.D., cum laude, 2007
• University of Texas at Austin – B.A., High Honors, 2000

Recognitions & Distinctions

• Best Lawyers in America 2024: Appellate Practice

Representative Experience

• Appellate counsel for a Houston-based restaurant chain suing an insurance agent for violating the DTPA and Insurance Code by knowingly misrepresenting the coverage provided by an insurance policy. The trial awarded the restaurant chain actual damages, punitive damages, and attorney’s fees.
• Appellate counsel for an owner against a general contractor in a matter involving construction delay claims. The owner, a drainage district, successfully defended against the contractor’s claims in the trial court and prevailed on its counterclaims for breach of contract, retaining liquidated damages and recovering its attorney’s fees.
• Appellate counsel for an owner who successfully defended against a vendor’s mechanic’s and materialman’s lien claims. The trial court declared the vendor’s asserted liens invalid and awarded the owner damages and attorney’s fees.
• Appellate counsel for a subcontractor in a matter involving an owner’s breach of a public works contract. The owner, a municipality, failed to designate in its bid documents and contract, the correct prevailing wage rates to be paid on an airport project.
• Appellate counsel for a commercial leasing company in a matter involving allegations that leased construction equipment was defective. The trial court and the court of appeals held that the equipment manufacturer was required to indemnify the leasing company; The Texas Supreme Court dismissed the manufacturer’s petition for review.
• Represented a pump company in a matter involving breach of contract and fraud claims related to an asset purchase agreement and subsequent settlement agreements.
• Defended South African, British and American corporations from products liability claims regarding a refractory material used in industrial refining applications.

Memberships & Affiliations

• State Bar of Texas: Appellate and Construction Law Sections
• Houston Bar Association: Appellate and Construction Law Sections
• Texas Young Lawyers Association

Admissions

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