Kyle A. Zunker

Biography

Kyle A. Zunker focuses on construction law and civil appellate matters.  He has represented many different players in construction, including general contractors, subcontractors, material suppliers, engineers, and owners.  Kyle takes pride in persuasively articulating his client’s position and is driven by his passion to provide clients with common-sense solutions to complex problems.

Education

  • Southern Methodist University, Dedman School of Law – J.D., magna cum laude, 2015
    – SMU Law Review Association, Staff Editor
  • Texas Lutheran University – B.A., magna cum laude, 2012
    – Triple Major in Philosophy, English (Writing Specialization), and Spanish Studies

Recognitions & Distinctions

  • Hutchison Scholarship: merit-based, full-tuition scholarship awarded to three students per year at Southern Methodist University, Dedman School of Law
  • Order of the Coif, Southern Methodist University Chapter

Representative Experience

  • Represented Spanish EPCM contractor in multi-party, multi-million dollar international construction arbitration involving complex legal issues arising from $800 million industrial project. Served as primary associate on file; role included interviewing witnesses and preparing all witness statements, drafting all pleadings, and performing mix of second and first-chair duties during trial. Communicated with foreign client in Spanish.
  • Represented California-based general contractor in $1,200,000 arbitration arising from large, industrial construction project.
  • Represented several large general contractors in multi-million dollar lawsuits regarding alleged defects in commercial construction projects in multiple counties in Texas.
  • Represented owner in federal-court lawsuit regarding a construction defect that compromised the integrity of a multi-million dollar commercial building.
  • Represented Spanish-speaking subcontractor against a general contractor who withheld approximately half of the subcontract price.
  • Represented general contractor in suit against project owner to recover unpaid contract price and value of additional work and defended contractor against owner’s claims for defective construction.
  • Represented defendant seller in a mass-tort lawsuit arising from an industrial explosion. Assisted with preparing motions for summary judgment, motions to strike expert witnesses, and jury charge.
  • Represented roofing contractor in Texas intermediate appellate court on appeal from the trial court’s denial of motion to compel arbitration against the building owner’s insurer, who was a non-signatory to the arbitration clause. 2020 WL 3478658
  • Represented outdoor-recreation business owner in Texas intermediate appellate court when the plaintiff appealed the business owner’s summary judgment of no liability on the plaintiff’s wrongful death claim. 2016 WL 3136878
  • Represented contractor in Texas intermediate appellate court when the plaintiff appealed the contractor’s summary judgment of no liability on the plaintiff’s personal injury claim. 2016 WL 4376628
  • Represented insurer in United States Court of Appeals (Fifth Circuit) when the plaintiff appealed the insurer’s summary judgment of no liability on the plaintiff’s underinsured motorist claim. 663 Fed.Appx. 302
  • Represented insurer in United States Court of Appeals (Fifth Circuit) when the plaintiff appealed the insurer’s summary judgment of no liability based on contract-interpretation arguments. 656 Fed.Appx. 729
  • Represented association of businesses in Texas Supreme Court in attempt to overturn Texas intermediate appellate court’s decision to vacate injunction prohibiting a Texas municipality from enforcing local ordinances. 2018 WL 3618299, 2018 WL 4194908

Speaking Engagements & Presentations

  • Liens: How to Get Paid, AGC’s The Basics 2020, February 18, 2020
  • AIA Contract Document Workshop, HalfMoon Education Inc., March 27, 2019
  • Legal and Insurance Tips for Small Businesses, MAESTRO Entrepreneur Center, November 13, 2018
  • Contracting & Risk Management, Hispanic Contractors Association, October 12, 2016

Publications

  • Design Defects: a New Law and an Old Rule Construction News, August 2021
  • Can a GC sue an architect for bad plans? Construction News, December 2, 2015

Memberships & Affiliations

  • State Bar of Texas, Construction Section
    – Young Lawyer Representative (statewide) (2022-current)
    – Chairperson on Young Lawyer Committee (San Antonio) (2019-2020, 2022-current)
  • State Bar of Texas, Appellate Section
  • San Antonio Bar Association

Admissions

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

Other Languages

  • Spanish

Community Involvement

  • Associated Builders and Contractors, South Texas Chapter, Future Leaders’ Initiative, Chair (2021)
  • United Way of San Antonio, Emerging Leaders Council (2018-2020)

Kerry G. Sonsino

Biography

Kerry Sonsino is a seasoned attorney in civil practice. She has substantial experience in all aspects of litigation with a focus on first party and third party insurance defense, general liability, construction, consumer law, and personal injury and wrongful death defense. Kerry is a valued asset to Cokinos | Young with her diverse legal background, having worked a broad scope of cases with governmental entities, landlord/tenant disputes, deceptive trade-consumer law, and business entities, as well as bankruptcy, probate, and appellate law. Kerry was the Head Articles Editor of the Houston Journal of Int’l Law, and she was a published author in the journal prior to her editorship.

Education

  • University of Houston College of Law – J.D., 1988
    – Head Articles Editor
    – Houston Journal of International Law
  • The University of Wisconsin at Madison – B.A. International Relations, 1985

Recognitions & Distinctions

  • AV rated by Martindale-Hubbell peer review ratings, the highest rating possible
  • Recipient of the Mike Levy Young Leadership Award

Publications

  • Author: “Legal Obstacles to Combating State-Sponsored Terrorism,” 10 Hou. J. Int’l Law 159 (1987)

Memberships & Affiliations

  • State Bar of Texas, Member
  • Federal Bar Association, Member

Admissions

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

Community Involvement

  • Jewish Community Center, Board of Directors
  • American-Israel Public Affairs Committee, Member and San Antonio Council Co-Chair
  • National Conference of Synagogue Youth, San Antonio Parent Committee
  • Congregation Rodfei Sholom, Member

Stephanie L. O’Rourke

Biography

Stephanie O’Rourke is a member of the firm’s litigation practice group and manages the firm’s San Antonio office. Her practice focuses on the representation of general contractors, subcontractors, and suppliers in construction disputes as well as businesses in complex disputes. She has a wealth of experience in litigation, and she is consistently asked to present at workshops and seminars regarding her expertise on contracts, liens and bonds.  Stephanie’s expertise in construction litigation has earned her recognition from numerous publications and organizations. Stephanie is Board Certified in Construction Law by the Texas Board of Legal Specialization.

Education

  • St. Mary’s University – J.D., 1988
  • University of South Carolina – B.A., 1984

Recognitions & Distinctions

  • Best Lawyers in America 2022 – Lawyer of the Year for Construction Litigation
  • Texas State Bar Construction Law Section Chair 2022
  • Named as one of San Antonio’s Outstanding Women in Law in 2021- Construction Litigation by S.A. Scene magazine
  • Chambers ranked attorney 2020, 2021
  • Board Certified in Construction Law, Texas Board of Legal Specialization (TBLS)
  • Best Lawyer in America in 2018 – 2023: Construction Law, Litigation – Construction & Commercial Litigation
  • Named a Texas Super Lawyer by Thomson Reuters from 2012-2020. Each year, no more than 5 percent of lawyers in the state are selected to receive this honor.
  • Named by her peers as one of San Antonio’s Best Lawyers in 2010, 2012 – 2014 and 2016-2020 by S.A. Scene magazine.
  • 1st Annual Best S.A. Female Lawyer by Scene in S.A.
  • Texas Top Attorneys – Texas Monthly – November 2020
  • AV Preeminent Judicial Rating Martin Dale Hubbell 2019 – 2021
  • 2019 Trademark Women of Distinction.
  • Named Fellow of the Texas Bar Foundation 2018-2019.
  • Honoree for the Outstanding Lawyers Awards 2019, presented by the San Antonio Business Journal.
  • Americas Most Honored Lawyer 2020(Top 1% of lawyers in the United States receive the award)
  • Lawyer of Distinction, Construction Law 2019-2021
  • Lawyer of Distinction, Civil Litigation 2020
  • Litigator of the year American Institute of Trial Lawyers
  • Honoree for the Outstanding Lawyers Awards 2019, presented by the San Antonio Business Journal.
  • National Alliance of Attorneys – “Attorney of the Year 2021 – Civil Litigation”
  • District 10 Nominating Committee, Texas Bar Foundation
  • Member, AGC Consulting Constructors’ Council of America
  • American Institute of Legal Professionals, Lawyer of the Year, Civil Litigation 2021
  • American Academy of Attorneys, Top 100 2021, Civil Litigation

Representative Experience

  • Represented international company in ICC dispute. Successfully defended against claims in excess of $20 million and prevailed on client’s contract claims.
  • Determined the validity and priority of liens in a large construction dispute between owner, general contractor and subcontractors.
  • Drafted, reviewed and advised on all contract documents with suppliers and general contractors for a multimillion dollar, statewide concrete contractor.
  • Filed mechanics and materialman liens for contractors, subcontractors and suppliers throughout Texas. Represent lien claimant in foreclosure and collection proceedings.
  • Represent multiple real estate developers in various aspects including contract resolution and disputes.
  • Represented a partner of a limited liability company against allegations of breach of fiduciary duty brought by remaining partners of an automotive service company.
  • Represented a nursing home facility against a claim of breach of fiduciary duty against an individual whose partnership rights were terminated.
  • Represent insurance companies in statewide first and third party cases.
  • Represent a childcare facility on all labor & employment matters, EEOC rules as well as general policy and legal matters.
  • Act as counsel for a multimillion dollar commercial real estate developer. Handle all real estate transactions and contracts as well as litigation matters.
  • In 2013 alone, tried 3 significant arbitrations and prevailed against the City of Edinburg, a Zachary entity, and against a multi-million dollar claim.
  • Represent industrial contractor in all claims across the United States.
  • Represent general contractors throughout Texas on construction defect claims.

Speaking Engagements & Presentations

  • “Legislative Update,” Associated General Contractors-Rio Grande Valley Chapter (January 2022)
  • “Modernizing Commercial Liens – Is HB 2237 Better?”, Associated General Contractors-Texas Building Branch (July 2021)
  • “The Pitfalls of Factoring; The Do’s and Don’ts,” Associated Builders and Contractors (January 2021)
  • “COVID-19 is Changing Everything – Including Contracts and Insurance Policies,” CFMA (December 2020)
  • “The Impact of COVID-19 and How to Prepare,” Associated General Contractors (March, 2020)
  • “Force Majeure Clauses,” Associated Builders and Contractors (March 2020)
  • “Construction Law and Risk Mitigation,” I-LinCp Risk Management Seminar (June 2019)
  • “Effective Client Counseling,” Bexar County Women’s Bar Annual Retreat (June 2019)
  • “Construction Contract Clauses: What the CPA Needs to Understand, ” CICPAC Webinar (January 2018)
  • “They Creak, They Crack, They Crumble: A Review of Spooky Construction Projects,” Texas A&M University (October 2017)
  • “Navigating Construction Contracts & Legal Updates,” Eilan Hotel (September 2017)
  • “Unforeseen Conditions and the Unexpected,” Texas A&M COCSI Law (December 2016)
  • “Killer Contract Clauses,” Hispanic Contractors Association (September 2016)
  • “Lien and Construction Contract Updates,” sponsored by The Construction Zone, San Antonio, Texas, (January 2014)
  • “Killer Contract Clauses and Case Law Update on Ewing v Amerisure,” Insource Insurance (June 2014)
  • “Employment 101,” Insource Insurance, San Antonio, Texas (November 2014)
  • “Texas Legislative Session,” seminar sponsored by Guaranty Insurance Services, San Antonio, Texas (November 2011)
  • “Construction Contracts: How to Negotiate Key Contract Provisions,” sponsored by Guaranty Insurance, San Antonio, Texas (2010)

Publications

  • O’Rourke, S.L. (2021, February). The Duality and Burdens of Substantial Performance.
  • O’Rourke, S.L. (2015, October). You’re insured against the big-ticket rip and tear damages, right?. Construction News Publication, Legal Column.
  • O’Rourke, S.L. (2014, June). Supreme Court Revitalizes Strength of Forum-Selection Clauses. ABC’s Construction Executive Magazine.
  • O’Rourke, S.L. (2012, January). Negotiating Construction Contracts. Institute for Strategic Negotiations, National Webinar.
  • O’Rourke, S.L. (2011, December). Texas Legislative Updates. Paper presented at the Annual Construction Industry Conference, San Antonio, Texas.
  • O’Rourke, S.L. (2010, October). Collecting the Judgment: Collection Law From Start to Finish. Paper presented at the National Business Institute, San Antonio, Texas.
  • O’Rourke, S.L. (2009). Multi-Party Property Damage Claims from the General Contractor’s Perspective. Paper presented at the 22nd Annual Construction Law Conference, San Antonio, Texas.
  • O’Rourke, S.L. (2004). Can the Insured Forfeit Coverage. State Bar of Texas, CLE.
  • O’Rourke, S.L. (2004). Basic’s mechanic’s and materialmen’s liens; The use and Abuse of Article 21.55. Houston, TX: South Texas College of Law.
  • O’Rourke, S.L. (1996). Dealing with Counterclaim and Defenses. State Bar of Texas Advanced Creditors’ Rights Course.

Memberships & Affiliations

  • San Antonio Bar Association Construction Law Section
    – Chair (2022-2023)
    – Secretary (2021-2022)
    – Board Member
  • Associated Builders and Contractors (ABC) South Texas Chapter
    – Chair Elect (2022-2023)
    – Board of Directors: Executive Committee Secretary
    – Chairman for Political Action Committee
    – Chairman for Governmental Affairs Committee (2011-2013)
  •  State Bar of Texas: Litigation and Construction Law Sections
    – Chair (2021-2022)
    – Appointed Council Member (2009-2012)
    – Secretary of Construction Law Section (2018)
    – Treasurer of Construction Law Section (2019)
  • Texas Board of Legal Specialization: Construction Law Advisory Commission
  • Consulting Constructors’ Council of America
  • Kendall County Bar Association
  • Texas Association of Defense Counsel
  • Defense Research Institution: San Antonio Construction Law Section
  • Associated General Contractors
  • TADC Nominating Committee (2014-2015)
  • CFMA Board of Directors

Admissions

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

Gabriel S. Head

Biography

Gabriel Head is a construction lawyer engaged in providing full service representation for general contractors and subcontractors in state and federal courts, arbitration and mediation with respect to breach of contract, design defect and building defect claims, differing site conditions, delay claims, payment issues, mechanic liens and bond claims. Gabriel also has experience drafting and negotiating complex industry documents including EPC contracts, owner/builder, design-builder, and contractor/subcontractor commercial construction contracts.

Education

  • Baylor Law School – J.D., 2006
    – Baylor Law Review – Executive Editor and Notes & Comments Editor 2005 – 2006
    – Order of Barristers
    – National Champion 2006 American Association of Trial Lawyers Mock Trial Competition
  • Southwest Texas State University – M.A. 2000

Recognitions & Distinctions

  • Named a 2015 and 2016 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.
  • Named a 2014 Rising Star by SA Scene Magazine

Representative Experience

  • Obtained multi-million dollar arbitration award for a major tank fabricator in a dispute against EPC contractor arising out of the construction of liquefied natural gas tanks.
  • Obtained $1.9 million arbitration award for extra work costs on behalf of a highway subcontractor for work associated with the construction of a Texas toll road.
  • Obtained an arbitration award of over $300,000 for subcontractor in a dispute against general contractor on a federal project for delays and extra work related to project re-sequencing.
  • Successfully represented electrical subcontractor on multi-million dollar breach of contract claim against design-build contractor on a major hotel project in San Antonio.
  • Obtained an arbitration award of over $200,000 for general contractor for costs associated differing site conditions on a public works project in Edinburg, Texas.
  • Successfully represented EPC contractor in multi-million dollar dispute against the owner related to the construction of a polypropylene plant.
  • Successfully represented concrete forming subcontractor in a multi-million dollar wrongful termination claim against a general contractor on a major hotel project in San Antonio.
  • Successfully represented and major general contractor regarding a delay and work supplementation claim against subcontractor related to construction of piers on a federal project.
  • Represented and negotiated settlement on behalf of subcontractor in multi-party multi-million dollar construction defect dispute.
  • Successfully represented supplier in a contract dispute against valve manufacturer with respect to materials supplied to a high performance computer facility.
  • Drafted successful Motion for Summary Judgment disposing of bank’s breach of contract claim against land developer and drafted and successfully argued Respondent’s brief before 13th Court of Appeals; 2009 WL 1089462 (Tex. App. Corpus Christi, April 23, 2009).

Memberships & Affiliations

  • Texas Bar Association: Construction Law Section
  • San Antonio Bar Association: Construction Law Section
  • San Antonio Young Lawyers Association

Admissions

  • State Bar of Texas (2006)
  • United States District Court: Southern District of Texas

Andres R. Gonzalez

Biography

Andres Gonzalez is a civil defense lawyer with a talent for trial advocacy and almost twenty years of experience preparing powerful defenses and trials. Andres’ primary areas of practice include commercial litigation, construction law, personal injury defense, and labor and employment. He utilizes a combination of expert analytical, investigative, organizational, negotiation and litigation skills and is passionate about defending his clients’ cases before a jury. Andres has experience as a small-business owner and manager and understands the challenges that many of his clients face when confronted with major litigation.

Education

  • University of Houston Law Center – J.D., 2001
  • Cornell University – B.S. Economics, 1996

Recognitions & Distinctions

  • Named by his peers as one of San Antonio’s Best Lawyers for Civil Litigation Defense, Insurance Defense: Personal Injury, and Construction Litigation from 2014 to 2021 by SA Scene magazine.

Representative Experience

  • Zealously defended a trial to jury verdict involving construction and highway repair, Webb County, October 21, 2019.
  • Successfully tried to a jury verdict a tractor-trailer accident involving serious bodily injury and obtained forty percent contributory negligence on the Plaintiff, Bexar County, March 23, 2018.
  • Successfully tried to a jury verdict a tractor-trailer accident involving serious bodily injury and death and obtained a zero verdict against the clients, Victoria County, January 27, 2014.
  • Represent general contractors against claims of construction defects by owners.
  • Represent various insurance companies in third party lawsuits.

Speaking Engagements & Presentations

  • Legal Issues for Schoo1 Administrative Assistants, Full-Day Training Session, Educational Service Center III, Victoria, Texas, January 19, 2012
  • Managing the Risks of Post-Termination Suits and Complaints by Your Employees, Compliance, Audit and Human Resources 2011 Conference, Texas Credit Union League, June 6, 2011
  • Bullying in Our Schools: How to Identify It and What To Do About It, Education Service Center III Superintendent’s Conference, Victoria, Texas, May 19, 2011
  • Big Brother: How Trouble Can Brew with Over-Monitoring, Over-Stimulation and Over-Personification, Conference Faculty, 25th Annual School Law Conference, University of Texas School of Law Continuing Legal Education, February 18, 2010

Memberships & Affiliations

  • San Antonio Bar Association
  • Texas Association of Defense Counsel
  • Mexican American Bar Association of San Antonio
  • Bexar County District Courts Committee
  • Citizen’s Advisory Committee, Alamo Colleges
  • Adjunct Professor, Northwest Vista College 2005-2009, Business Law

Admissions

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

Community Involvement

  • San Antonio Hispanic Chamber of Commerce
  • San Antonio Education Partnership
  • Say Si, Board Member

Jay K. Farwell

Biography

Jay Farwell has over 25 years’ experience as a civil trial lawyer handling complex construction matters, as well as commercial, consumer, employment, insurance, and administrative cases. He is Board Certified in Construction Law by the Texas Board of Legal Specialization. Jay represents general contractors, owners, subcontractors, material suppliers, design professionals and governmental entities in all types of construction cases including defective construction, collections, contractual disputes, delay and interference claims, design professional liability, differing site conditions, misappropriation of construction trust funds, insurance coverage, administrative, and other types of disputes. Jay has tried many cases to juries and to the Court in both state and federal courts, and regularly represents parties in arbitration proceedings. He handles appeals in state and federal appellate courts. Jay is also an experienced mediator.

Education

  • Texas Tech University – J.D., 1992
  • University of Texas at Austin – B.A., Government, 1988

Recognitions & Distinctions

  • Best Lawyers in America 2021 – 2023: Construction Law, Litigation – Construction & Commercial Litigation
  • Board Certified in Construction Law, Texas Board of Legal Specialization (TBLS)
  • Fellow, Texas Bar Foundation

Memberships & Affiliations

  • Associated Builders & Contractors
  • Associated General Contractors
  • American Subcontractors Association
  • Bexar County Dispute Resolution Center
  • William S. Sessions American Inns of Court
  • State Bar of Texas Construction Law Section
  • San Antonio Bar Association Construction Law Section

Admissions

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

Stanley W. Curry

Biography

Stan Curry has over 30 years of experience as a civil trial lawyer focusing on construction, environmental, employment, and general civil litigation. Stan has represented general contractors, subcontractors, specialty contractors, owners, developers, public agencies, architects, engineers, and heavy highway, involving public and private projects (commercial, industrial, and institutional). He handles disputes related to differing site conditions, delays, design and construction defects, as well as surety bond issues. Stan has tried over 40 construction cases in court and he has also acted as an arbitrator and mediator in numerous construction disputes.

Education

  • Baylor University – J.D., 1972
  • Baylor University – B.A., 1969

Recognitions & Distinctions

  • Best Lawyers in America 2021 – 2023: Construction Law
  • AV rated by Martindale-Hubbell peer review ratings, the highest rating possible.

Memberships & Affiliations

  • San Antonio Bar Association – Construction Law Section, Past Chair
  • State Bar of Texas – Construction Law Section
  • Texas Bar Foundation – Life Fellow
  • Associated Builders and Contractors
  • Associated General Contractors

Admissions

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

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