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 the current Chair-Elect of the Houston Bar Association’s Construction Law Section, and is the immediate past Young Construction Lawyer Representative for the State Bar Construction Law Section. He was the Presiding Officer for the 2016 and 2017 Basic Course in Texas Construction Law in Houston and Dallas, respectively, and is currently the 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.
Recognitions & Distinctions
- Life Fellow – Texas Bar Foundation
- Selected for inclusion in 2019 edition of Best Lawyers in America for Construction Law & Litigation – Construction.
- AV rated by Martindale-Hubbell peer review ratings, the highest rating possible.
- Named a 2015, 2016, 2017, and 2018 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.
Memberships & Affiliations
- Texas Board of Professional Engineers: Registered Engineer in Training (EIT)
- Texas Bar Association: Construction Law Section (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 – 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
- University of Texas Silver Spurs Alumni Association, former Board Member
- 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
- The University of Texas at Austin – B.S. Architectural Engineering, 2002
- State Bar of Texas (2008)
- United States District Court for the Southern District of Texas
- Pro Hac Vice Admission – State of Ohio
Practice Areas and Casework
- Obtained favorable settlement on behalf of public entity in defense of claims from civil contractor related to alleged design deficiencies.
- Obtained favorable settlement on behalf of dredging contractor for eight-figure claim against public port authority related to over 3,000 instances of differing site conditions and resulting damages.
- Obtained favorable settlement on behalf of pipeline contractor in defense of claim for eight-figure damages asserted by major pipeline operator involving alleged workmanship issues associated with premature corrosion on complex pipeline system. Case settled after over forty depositions were completed and shortly after Court granted motion to strike thirteen of Plaintiff’s experts.
- Represented owner of large petroleum processing facility, tank farm, and marine terminal in dispute with engineering firm involving over thirty engineering design errors, omissions, and other deficiencies which resulted in substantial damages and delays to construction of project.
- Obtained favorable defense award, including award of all attorneys’ fees, after a sixteen-day arbitration hearing on behalf of general contractor against subcontractor on over twenty separate claims involving alleged change directives, differing site conditions, delays, and losses of productivity related to federal government project. Cross-examined Plaintiff’s main fact and damages witness for over four days.
- Obtained unanimous jury verdict for all damages and attorney’s fees on counterclaim after weeklong trial for a landscape design and construction company in a commercial lease dispute case. Affirmed by the 14th Court of Appeals: Ford v. Premier Installations and Design Group Inc.
- Obtained favorable settlement for pipeline contractor in defense of differing site conditions claims brought by horizontal directional drilling subcontractor on project in North Carolina.
- Obtained summary judgment and recovered defense costs after first week of three week arbitration hearing on behalf of a concrete subcontractor against owner in multi-party construction defect arbitration involving foundation issues on a major school project.
- Represented national general contractor against governmental entity and architect in breach of contract case related to over 2,800 design deficiencies and associated delays/constructive acceleration in connection with expansion of a major city convention center project.
- Obtained summary judgment and defense costs on behalf of general contractor in district court case involving breach of contract and fraud claims brought by subcontractor related to a commercial build-out project.
- Obtained favorable arbitration award and attorney’s fees after two-week hearing on behalf of custom homebuilder for construction defect case against multiple subcontractors.
Speaking Engagements & Publications
- Speaker, Contracts From the General Contractor’s Perspective, The Basic Course in Texas Construction Law, Austin, Texas, December 13-14, 2018
- Speaker, Avoiding, Transferring, and Limiting Risk in EPC Contracts, 6th Annual 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
- Editor, The Change Order, State Bar of Texas Construction Law Section, 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
- Author, Forum-Selection and Choice-of-Law Provisions: Are they enforceable?, Houston Construction News, Vol. 13, No. 12, December 2016
- Speaker, Causes of Action in Texas Construction Law, The Basic Course in Texas Construction Law, Austin, Texas, November 13, 2015
- Author, Construction Laws and Customs: Texas, Practical Law – Thomson Reuters, November 4, 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
- 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).
- Speaker, Making It Rain Without Getting Soaked: Marketing For New Lawyers, 28th Annual Construction Conference, San Antonio, Texas, March 6, 2015