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 and currently serves as an officer of the Construction Law Section of the Houston Bar Association, where he has been on the Council since 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 kids’ 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 in The Best Lawyers in America® (2026): Construction Law
  • Named a Texas Super Lawyer in Construction Litigation by Thomson Reuters (2025)
    Fewer than 5% of attorneys in the state are selected annually
  • Named a Texas Super Lawyers® Rising Star in Construction Litigation by Thomson Reuters (2018–2023)
    The top 2.5% of attorneys in the state who are 40 or younger, or in practice for 10 years or less

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. The 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 a request for over $6,800,000 in attorneys’ 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 costs 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 the 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 the 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 the 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
  • Louisiana Bar
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts: Eastern and Southern Districts of Texas
  • United States District Courts: Eastern, Middle, and Western Districts of Louisiana
  • United States Bankruptcy Courts: 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
  • Recognized in The Best Lawyers in America® (2025–2026): Construction Law
  • Named a Texas Super Lawyer in Construction Litigation by Thomson Reuters (2019–2025)
    Fewer than 5% of attorneys in the state are selected annually
  • Named a Texas Super Lawyers® Rising Star in Construction Litigation by Thomson Reuters (2016–2017)
    The top 2.5% of attorneys in the state who are 40 or younger, or in practice for 10 years or less
  • 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, (2022–2025)
  • Speaker, Construction Law, Associated General Contractors of America, Houston Chapter, Houston, Texas, December 2024 & June 2025
  • 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 Courts: Southern and 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

  • Recognized in The Best Lawyers in America® (2024–2026): Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Named a Texas Super Lawyer by Thomson Reuters (2006–2025).
  • Named a Texas Super Lawyer in Bankruptcy: Business by Thomson Reuters (2006–2025)
    Fewer than 5% of attorneys in the state are selected annually
  • 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 judgment 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 Courts: Northern, Eastern, Southern, and Western Districts of Texas
  • United States Supreme Court
  • United States Tax Court

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

John L. Grayson

Biography

No stranger to a construction site, John Grayson worked his way through Texas A&M University, working as a gas station attendant and as a laborer, equipment operator, and pouring concrete in the Houston area. Upon graduation from Baylor University School of Law, John joined a prestigious litigation firm in Houston, defending major aircraft manufacturers and industrial equipment suppliers in several high-stakes cases involving multiple deaths and serious injuries.

For over 40 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 and Consumer Disputes.

A frequent contributor to Construction Trade Journals and the Construction Law Journal, John has also 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 35 years, is a member of the TX Oil and Gas Association, Society of Construction Law, 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, with honors, 1980
  • National Mediation Academy, Dallas, Texas, 2003

Recognitions & Distinctions

  • American Mensa
  • Recognized in The Best Lawyers in America® (2021–2026): Construction Law, Litigation – Construction, and Personal Injury Litigation – Defendants
  • AV rated for over 35 years by Martindale Hubbell for legal ability and ethics.
  • Named a Texas Super Lawyer in Construction Litigation by Thomson Reuters (2011–2025)
    Fewer than 5% of attorneys in the state are selected annually

Representative Experience

  • Obtained a favorable result for a major, national electrical contractor in dispute with a surety in connection with the construction of a massive solar energy farm.
  • Obtained summary judgment in wrongful death case for major global pipe manufacturer in oil patch accident in which the final settlement demand at 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.  The 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 a request for over $6,800,000 in attorneys’ fees and costs.
  • Claims against a surety on behalf of the contractor arising from the construction of a major solar farm project.
  • Defense Counsel in Claims involving premature 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 the construction of a natural gas pipeline. The matter was favorably resolved.
  • Successfully defended a global architecture firm against $16 million delay and consequential damages in arbitration.
  • Successfully defended a fiber-optic communications company in a $2 million+ contract case in the Utah Federal District Court.
  • Handled contracting issues in the construction of $1.4 billion steel pipe manufacturing facility.
  • Represents energy pipeline contractors in multiple states.
  • Represented a major general contractor in litigation from a multi-story office building project.
  • Represented a consortium of 44 banks seeking recovery of financing provided for the 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 rate disputes.
  • AAA Arbitration for a major tank construction contractor involving the construction of an 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

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
  • Saint Anthony the Great Orthodox Christian Church

Admissions

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

Anthony T. Golz

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

  • Recognized in The Best Lawyers in America® (2024–2026): 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 Courts: Northern, Eastern, and Southern Districts of Texas

Certifications

  • Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization

Tracy B. Glenn

Biography

Tracy Glenn is a principal with Cokinos | Young and specializes in complex commercial litigation, insurance defense and coverage disputes as well as various appellate matters. Tracy also serves as comprehensive legal counsel, advising employers on how to effectively and efficiently resolve, mitigate and avoid issues, problems and disputes before litigation becomes necessary. Ms. Glenn routinely advises clients on contract enforcement and interpretation and avoiding drafting pitfalls. Her clients include a variety of large and small businesses, including major insurance carriers and general contractors.

Tracy’s practice also includes defense of corporations and individuals sued for claims involving personal injury and property damage, and she handles a wide variety of claims ranging from construction defects, premises liability, commercial disputes, and professional liability in state and federal courts. Tracy has successfully prosecuted and defended Lanham Act claims, trade dress infringement, and employment disputes, including non-compete, discrimination, and sexual harassment. Tracy served as plaintiffs’ counsel in a reverse discrimination case challenging the constitutionality of the gifted education program in various school districts in Florida. As a result of her representation, Florida amended its statute to limit the use of race in the admission policies of such programs.

Education

  • Boston University Law School – J.D., 1996
  • University of Missouri, St. Louis – B.S., 1993

Memberships & Affiliations

  • Sickle Cell Association of Texas Marc Thomas Foundation
  • Houston Bar Association: Litigation Section and Construction Law Section
  • State Bar of Texas: Construction Law Section
  • The Association of Women Attorneys
  • Bar Association of the Fifth Federal Circuit
  • DRI – The Voice of the Defense Bar
  • Greater Southwest Houston Chamber of Commerce
  • Texas Association of Defense Counsel

Admissions

  • State Bar of Texas
  • United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas

Charles W. Getman

Biography

Charles Getman has more than 40 years of litigation experience representing medium and large-sized business clients in Texas and New York, with particular expertise in sophisticated commercial litigation in federal and state courts and arbitration, with an emphasis on major construction failures/disputes, intellectual property, and professional liability. Charles has worked with national, regional, and local property developers, contractors and vendors, professional and amateur sports leagues, teams and players, and businesses in commercial disputes such as multi-party construction design/defect, federal and state securities claims, industrial disputes, trade secrets and other intellectual property, and professional liability.

Education

  • University of Houston – J.D., 1981
  • State University of New York at Buffalo – B.A., 1978

Recognitions & Distinctions

  • AV rated by Martindale-Hubbell peer review ratings, the highest rating possible.
  • Recognized in The Best Lawyers in America® (2019–2026): Construction Law and Litigation – Construction

Representative Experience

  • Represented a general contractor in arbitration against an NYSE-listed owner to recover unpaid fees on two West Texas mining projects valued at $140 million, plus related state court litigation.
  • Represented a national property developer in a 13-party state court lawsuit involving a $60 million Houston development with a successful settlement.
  • Represented a national medical equipment manufacturer in federal court in claims against a vendor regarding FDA approvals, with successful settlement.
  • Represented a general contractor in federal court prosecuting trademark infringement. Trademark enforced.
  • Represented a general contractor and its new employee who allegedly stole the prior employer’s confidential material. Claims dismissed.
  • Represented an international industrial pump company prosecuting antitrust and related claims in federal court against a Fortune 500 industrial pump company.
  • Represented a large institutional client’s multi-party state court prosecution of defective design and construction claims for a 33-story tower following Hurricane Ike and a later rain event.
  • Represented South African, British, and American corporations in plaintiff’s product liability claims regarding refractory material in large industrial applications.
  • Defended and prosecuted counterclaims in federal court for a specialized chemical manufacturing company to enforce trade secrets against its chief competitor.
  • Represented a developer in $20 million-plus construction of dormitory buildings for a state university. Settled claims with the government owner, defended claims, and prosecuted the counterclaim for construction defect and delay with the client’s general contractor. Also prosecuted and settled malpractice claims against the client’s architect.
  • Represented a technology purchaser/manufacturer against the original developer of a purchased technology. The developer was threatening to resell the technology to the manufacturer’s competitor. Obtained a preliminary injunction prohibiting the sale and thereafter settled the claims.
  • Defended a governmental entity in an $11 million breach of construction contract claim. Obtained summary judgment dismissing that claim and succeeded on the counterclaim to recover all attorneys’ fees incurred, which was affirmed on appeal.
  • Defended a general contractor against a claim of alleged defective construction in a breach of an underground high-pressure pipeline. Prosecuted and settled crossclaim against second-tier subcontractor.
  • Represented a subcontractor in a jury trial to collect its unpaid contract balance and defend its allegedly defective work in the counterclaim.  Client’s $1.6 million judgment sustained on appeal.
  • Represented an inventor and his company in an attorney malpractice suit for failure to timely file a patent application, resulting in a significant settlement. Another company patented the consumer electronics technology, and later became an industry standard.
  • Defended a prime subcontractor in arbitration against the general contractor’s claim for allegedly defective work on a NASA construction project. Prosecuted counterclaims for delay and other damages.
  • Participated in representing the Buffalo Sabres Hockey Club and represented high-profile professional football and hockey athletes.

Memberships & Affiliations

  • State Bar of Texas: Construction Law Section
  • Houston Bar Association: Construction Law Section
  • State Bar of New York: Commercial Litigation (Former Member)

Admissions

  • State Bar of Texas (1982)
  • New York State Bar (1988)
  • All Federal District Courts in Texas, three of four Federal District Courts in New York
  • United States Court of Appeals for the Second and Fifth Circuits
  • United States Supreme Court

W. Patrick Garner

Biography

Patrick Garner is a litigator and trial attorney with extensive experience in employment law, construction, and commercial litigation, representing both Plaintiffs and Defendants.

Patrick serves as trusted legal counsel to a broad spectrum of businesses, from large corporations to small enterprises, advising employers on how to resolve, mitigate, and prevent issues before litigation arises. Despite his outstanding experience as a litigator, Patrick prides himself on protecting the client’s interests while keeping clients out of the courtroom whenever possible.

Clients value Patrick Garner’s attentive service and vigorous representation in matters of all sizes. He often represents contractors, design professionals, owners, design-builders, engineering procurement and construction contractors, lenders, and suppliers on a comprehensive mix of construction and employment matters in state and federal courts, as well as in arbitration and mediation. Patrick has experience in infrastructure projects such as highways, government offices and structures, wastewater facilities, power plants, oil refineries, and pipelines. He has experience with projects across the entertainment, life sciences, health care, hospitality, education sectors, religious facilities, high-rise buildings, and multi-family developments.

Patrick has been involved in matters in state and federal courts nationwide and has significant first-chair bench and jury trial experience. He has handled and argued appeals before state and federal courts. He has first chair experience in significant arbitrations in addition to first chair experience in state and federal administrative hearings.

In construction disputes, Patrick has prepared and defended claims in numerous areas of construction law, including contract default claims, payment disputes, bid contests, delays, acceleration and inefficiency claims, re-engineering and design-error claims, insurance coverage claims, OSHA citations, mechanic’s lien and payment bond claims.

On behalf of employers, Patrick has defended a variety of employment litigation and administrative claims, including claims asserting breach of fiduciary duty, fraud, wrongful termination, discrimination, harassment, retaliation, unemployment, wage and hour, and prevailing wage violations. He has also pursued the efficient resolution of disputes between parties through negotiations, workouts, and litigation, as needed.

Education

  • South Texas College of Law – J.D., 1996
  • Texas Christian University – B.A., 1989

Recognitions & Distinctions

  • AV rated by Martindale Hubbell Peer Review, the highest rating possible.
  • Recognized in The Best Lawyers in America® (2020–2026): Construction Law and Litigation – Construction

Representative Experience

  • Represented private and publicly-traded pipeline companies in multi-million dollar fraud, delay, productivity, and breach-of-contract disputes related to construction of interstate natural gas pipelines, construction of related compressor stations, and remediation of pipeline rights-of-way.
  • Represented a construction company in multiple lawsuits connected with a $150 million development. Lawsuits included geotechnical and structural issues as well as MEP design defects.
  • Represented a hotel on structural and geotechnical design and defect matters.
  • Arbitrated design and construction defect claims against an HVAC designer/contractor and a framing contractor on a multi-million dollar residence.
  • Obtained a no-liability finding after defending a mobile home transport company against a serious, multi-plaintiff highway accident personal injury matter.
  • Represented an individual crane operator against a major contractor on a breach of an employment contract.
  • Resolved a gender discrimination claim against a multi-national employer.
  • Represented a structural concrete contractor on contractual issues, workplace injury matters, and the successful negotiation and mitigation of OSHA citations.
  • Represented a private K-8 school against a pregnancy discrimination claim.
  • Represented a catering business/restaurant in multiple discrimination, unemployment, and wrongful termination claims.
  • Advised and counseled medical personnel against a hospital in a matter involving wrongful suspension and misapplication of state regulations and guidelines.
  • Counsel to an oil & gas services and equipment supplier on employment matters, employee handbooks, terminations, covenants not to compete, and OSHA safety issues.
  • Act as legal counsel for a regional telecommunications company on all employment issues, including covenants not to compete, discrimination, workers’ compensation, and unemployment claims.
  • Act as legal counsel to a nationwide chemical manufacturer and distributor, providing legal representation on all employment matters.
  • Act as legal counsel throughout Texas for a nationally recognized foundation company. Successfully defended construction defect claims in litigation and arbitration.
  • Act as legal counsel to local churches in construction contracts, personnel policies, and procedures.

Speaking Engagements & Presentations

  • Presenter, “Construction PI: Are You the Hammer or the Nail?” — 39th Annual Advanced Personal Injury Law Course 2023

Publications

  • We are Doing Good, But We Can Do Better – The Importance of Safety in Construction, Construction News Magazine, November 2023

Memberships & Affiliations

  • State Bar of Texas: Litigation, Construction, and Labor & Employment Law Sections
  • Houston Bar Association: Litigation, Construction, and Labor & Employment Law Sections
  • College of the State Bar of Texas
  • Defense Research Institute
  • Texas Association of Defense Counsel
  • Associated Builders & Contractors – Committee Member
  • Associated General Contractors of America – Committee Member
  • Society of Construction Law North America – Member

Admissions

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

Community Involvement

  • TCU Lettermen Association – Lifetime Member

Todd M. Foss

Biography

Todd is a trusted legal advisor and experienced litigator known for providing practical and cost-effective solutions for clients in all types of business disputes and tort litigation.  He regularly represents businesses in the energy, construction and utility industries.  Todd’s practice is focused primarily on breach of contract and other complex commercial litigation matters, as well as personal injury suits involving wrongful death, premises liability and products liability claims.  Todd also advises clients on employment matters and handles cases involving employment contracts, separation from employment, breach of non-competition agreements, and claims of discrimination and wrongful termination.  Through the establishment of close working relationships with clients as well as acquiring in-depth understanding of their business and industry, Todd is committed to being in the best position possible to protect the client’s name and interests and help clients achieve their goals through implementation of effective legal strategies.

Education

  • University of Houston Law Center – J.D., 2003
  • Rhodes College – B.A., 2000

Representative Experience

  • Represented well operator in high dollar contract dispute with drilling contractor arising out of drilling operations in the Marcellus Shale formation.
  • Represented well service company in wrongful death action arising out of drilling rig fatality.
  • Obtained summary judgment for hospice in lawsuit alleging discrimination, retaliation and violation of the Texas Occupations Code.
  • Represented utility services company in suit alleging breach of a commercial lease agreement.
  • Defended transportation and freight logistics company in tractor-trailer rollover suit.
  • Represented environmental consulting company in suit alleging fraud and deceptive acts.
  • Represented major oil company in several discrimination and retaliation lawsuits.
  • Obtained summary judgment for utility services company in premises liability suit in which the plaintiff was severely injured by a steel rebar cage that collapsed on him at a jobsite.

Memberships & Affiliations

  • State Bar of Texas
  • Houston Bar Association: Litigation Section (Past Chair) and Oil & Gas Section
  • Texas Young Lawyers Association
  • Texas Young Professionals, Houston Chapter
  • Young Professionals in Energy

Admissions

  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court: Southern District of Texas

Community Involvement

  • Child Advocates, Inc.

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