Cokinos | Young is long known for construction law, but the firm also has a long history of providing sophisticated business transactional services in corporate, real estate, employment and intellectual property law. Throughout the life of the firm, we have adapted to and evolved with our clients’ needs. Now, thirty years later, our non-litigation services have evolved into a comprehensive suite of sophisticated legal services provided to all industries, including real estate, hospitality, technology, healthcare and others. This suite of legal services is now called STRUCTURE – same firm, same standard, expanded reach into non-litigation services. All businesses, regardless of industry, are only as strong as their fundamental structure. Sound structure (corporate, tax, organizational, and insurance structure) allows a business to not only weather the inevitable storms, but also provides the flexibility and scalability necessary to adapt and grow in the ever changing business environment. Find out what our clients already know…success starts with STRUCTURE.
Posts By: Gregory Cokinos
Thirteen Super Lawyers Named at Cokinos | Young
Thirteen lawyers spanning all of our offices have been named 2019 Super Lawyers by Thomson Reuters. This distinction is held by less than five percent of Texas lawyers and selections are made on a state-by-state basis. Independent research consisting of an evaluation of 12 varying indicators of professional achievement combined with peer nominations and evaluations are employed to determine this accolade.
The full list of Super Lawyers will be published in:
– Texas Super Lawyers Magazine, in October 2019
– Texas Monthly, in October 2019
– Stephanie O’Rourke will be featured in The Top Women Attorneys in Texas 2020
Our Super Lawyers include:
[one_third padding=”24px 24px 24px 24px”]
Gregory M. Cokinos – Houston
Construction Litigation
View Bio[/one_third]
[one_third padding=”24px 24px 24px 24px”]
Marc A. Young – Austin
Construction Litigation
View Bio[/one_third]
[one_third_last padding=”24px 24px 24px 24px”]
Patrick J. Wielinski – Dallas
Insurance Coverage
View Bio[/one_third_last]
[one_third padding=”24px 24px 24px 24px”]
Stephanie L. O’Rourke – San Antonio
Construction Litigation
View Bio[/one_third]
[one_third padding=”24px 24px 24px 24px”]
Craig E. Power – Houston
Bankruptcy: Business
View Bio[/one_third]
[one_third_last padding=”24px 24px 24px 24px”]
John L. Grayson – Houston
Construction Litigation
View Bio[/one_third_last]
[one_third padding=”24px 24px 24px 24px”]
Roger D. Townsend – Houston
Appellate
View Bio[/one_third]
[one_third padding=”24px 24px 24px 24px”]
Craig H. Clendenin – Houston
Construction Litigation
View Bio[/one_third]
[one_third_last padding=”24px 24px 24px 24px”]
James R. Ewbank II – Austin
Business Litigation
View Bio[/one_third_last]
[one_third padding=”24px 24px 24px 24px”]
Robert J. Naudin – Houston
Construction Litigation
View Bio[/one_third]
[one_third padding=”24px 24px 24px 24px”]
Russell W. Smith – Houston
Construction Litigation
View Bio[/one_third]
[one_third_last padding=”24px 24px 24px 24px”]
Gabriel S. Head – San Antonio
Construction Litigation
View Bio[/one_third_last]
[one_third padding=”24px 24px 24px 24px”]
Dana Livingston – Austin
Appellate
View Bio[/one_third]
Marc Young Elected as Board of Director for FDCC
Marc Young was recently elected to the Board of Directors for the Federation of Defense & Corporate Counsel (FDCC). The FDCC is composed of recognized leaders in the legal community who have achieved professional distinction, and is dedicated to promoting knowledge, fellowship, and professionalism among its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits. Congratulations to Marc on his two year Board of Directors position.
Marc A. Young
Principal
You can view Marc’s bio by clicking here.
Best Lawyers© Announces 2020 List & Includes Multiple from Cokinos | Young
First published in 1983, Best Lawyers© is the oldest and most highly respected peer review guide to the legal profession worldwide. Selection to this prestigious list is based on exhaustive evaluations in which leading attorneys cast votes on the legal abilities of other lawyers in their geographical and legal practice area.
Ten attorneys from Cokinos | Young in multiple practice areas have been selected for inclusion in the 2020 edition of Best Lawyers in America©. Cokinos | Young is proud to recognize the following attorneys for their continued commitment to excellence in their profession and practice areas.
HOUSTON
Gregory M. Cokinos
Construction Law & Litigation-Construction
Gregory has appeared on this list for 16 years.
Parker Fauntleroy
Personal Injury Litigation-Defendants
Parker has appeared on this list for 6 years.
Patrick Garner
Litigation-Construction
Charles Getman
Construction Law
Charles has appeared on this list for 2 years.
Roger D. Townsend
Appellate Practice
Roger has appeared on this list for 15 years.
John C. Warren
Construction Law & Litigation-Construction
John has appeared on this list for 2 years.
DALLAS/FORT WORTH
Patrick J. Wielinski
Insurance Law & Litigation-Construction
Patrick has appeared on this list for 11 years.
SAN ANTONIO
Stephanie L. O’Rourke
Construction Law & Litigation-Construction
Stephanie has appeared on this list for 3 years.
AUSTIN
Dana Livingston
Appellate Practice
Dana has appeared on this list for 13 years.
Shelly D. Masters
Construction Law
Cokinos | Young Ranked 3rd in The Top 50 Construction Law Firms
Cokinos | Young was ranked 3rd in Construction Executive’s Top 50 Construction Law Firms in the United States. For this inaugural ranking, Construction Executive asked hundreds of U.S. construction law firms to complete a survey measuring headcount, construction practice-derived revenue, the percentage of firm’s total revenues derived from its construction practice, the number of states in which the firm is licensed to practice, and the year in which the construction practice was established. Click here to read the article: Top 50 Construction Law Firms.
Construction Executive is a dedicated publication for the construction business. It has a readership of more than 55,000 contractors and construction-related business owners. The publication has won more than 20 editorial awards and has served as the leading source for construction industry news and issues.
Cokinos | Young Provides Guidance on Wrap Up Insurance Programs
Pat Wielinski has published an article in the Summer 2019 edition of the Construction Law Journal of the Construction Section of the State Bar of Texas. The article is entitled: “Current Status of Controlled Insurance Programs under Texas Law” and addresses issues as to controlled insurance programs (CIPs) under both the statutory law of Texas, and common law. It also provides guidelines as to advantages and disadvantages of the arrangements for owners, contractors, subcontractors, and suppliers. If you have any questions as to wrap ups or the article, please feel free to contact Pat. The article is available by clicking on the following link: State Bar of Texas Construction Law Journal-Summer 2019
About the Author: Patrick J. Wielinski is Principal in the Dallas/Fort Worth office of Cokinos | Young. Pat Wielinski practices in the areas of construction, insurance coverage and risk management. He provides advice on risk management issues and programs, integrating insurance, contract documents and project relationships to manage and transfer risk for his clients. He also counsels clients as to insurance coverage and contractual risk transfer disputes, having been involved in insurance coverage claims for defective workmanship for over 30 years.
Pat Wielinski Continues Amicus Curiae Assistance for the Construction Industry
Over the past fifteen years, Pat Wielinski has leant his assistance to the Associated General Contractors of America and its local chapters not only in Texas, but throughout the United States. His assistance takes the form of drafting and filing amicus curiae (friends of the court) briefs in appeals involving important insurance coverage issues for the construction industry. Other industry organizations, such as the Associated Builders and Contractors, and the American Subcontractors Association, also routinely sign on to sponsor these briefs. Their purpose is to provide the construction industry’s point of view to courts and to impress upon them the need for consistency in court opinions so that contractors, subcontractors – and owners – can depend on insurance coverage to protect them from risks they face on a daily basis.
Many of these cases involve insurance coverage for construction defects, always a hard-fought battle with any insurance company. The latest example of such a case in which Pat has filed a brief, together with local counsel, is currently before the Michigan Supreme Court in Skanska USA Building, Inc. v. Amerisure Insurance Company, Michigan Supreme Court Nos. 15910/159511. In that case, the AGC of America and its Michigan chapter seek leave to appeal the opinion of the Michigan Court of Appeals in Skanska USA Building, Inc. v. M.A.P. Mechanical Contractors, Inc., 2019 WL 1265078 (Mich. App. March 19, 2019), in which the court held that Skanska was not entitled to insurance coverage under a commercial general liability (CGL) policy for a claim involving damage and repair of a defective HVAC system. The system was installed by a subcontractor, but did not damage any other parts of the work. Under those facts, the court held that defective workmanship, standing alone, does not meet the definition of an occurrence within the meaning of CGL policy, i.e., an accident.
The court rejected Skanska’s reliance upon case law from other jurisdictions, including Lamar Homes Inc. v. Mid-Continent Casualty, Co., 242 S.W.3d 1 (Tex. 2007), that recognize the existence of an occurrence where defective work causes property damage that was neither expected nor intended from the standpoint of the insured. A key element of Lamar Homes, and other foreign case law, is the presence of an exception within an exclusion to the policy that preserves coverage for property damage arising out of the defective work of a subcontractor. Instead, the Michigan Court of Appeals chose to follow Michigan case law applying older editions of the CGL policy.
Construction trade groups believe that when presented with cogent arguments not only by Skanska itself, but by the AGC as amicus curiae, the Michigan Supreme Court will likely uphold the existence of an “occurrence” for defective work involving a subcontractor. The existence of an occurrence has proven to be one of the most contentious issues between construction insureds and their insurers, because absent the existence of an occurrence, there can be no coverage under the CGL policy. Briefs filed by CY on behalf of construction industry trade organizations have played a central role in changing the law for many states, not only Texas, but other states including Florida, New Jersey, Mississippi, and Georgia. Therefore, these efforts have proven to be of great benefit to the construction industry, the industry that CY serves.
About the Author: Patrick J. Wielinski is Principal in the Dallas/Fort Worth office of Cokinos | Young. Pat Wielinski practices in the areas of construction, insurance coverage and risk management. He provides advice on risk management issues and programs, integrating insurance, contract documents and project relationships to manage and transfer risk for his clients. He also counsels clients as to insurance coverage and contractual risk transfer disputes, having been involved in insurance coverage claims for defective workmanship for over 30 years.
New Construction Laws Passed
LEGISLATIVE UPDATE
New Construction Laws Passed
The 2019 Texas legislative session resulted in significant new laws benefitting the construction industry. Stephanie Cook, principal in the Austin office, testified in both the House and the Senate in support of HB 1999, HB 1734, and HB 2826, which Governor Abbott signed into law in June. Stephanie and Anthony Golz, principal in the Houston office, prepared the following brief summaries of these and other new laws and their impacts on the industry.
HB 1999, known as the “Right to Repair” bill, goes into effect immediately and significantly alters how disputes with public entities alleging construction defects proceed. HB 1999 amends the Government Code to require cities, counties, school districts, universities, and other governmental entities to do two things before they may sue for construction defects: (1) provide a written report identifying the defects to each party with whom the entity has a contract for the design or construction of the project; and (2) allow them a reasonable opportunity to inspect and repair the defects. If a public entity files suit without first providing the written report or an opportunity to inspect and repair the defects, the suit must be dismissed.
HB 1734 addresses a school district’s ability to sue for design or construction defects and goes into effect on September 1, 2019. Under HB 1734, a school district that sues for damages for the defective design, construction, renovation, or improvement of a school facility must utilize proceeds recovered in the litigation to repair or replace the defects. A violation of the requirements imposed by HB 1734 authorizes the Attorney General to file suit against the school district, seeking payment of a civil penalty for up to $20,000 for each violation, the reasonable costs of investigating and prosecuting the violation, and the state’s share of the proceeds.
HB 2826 changes the approval process for certain governmental entities seeking to enter into a contingent fee contract for legal services, and goes into effect on September 1, 2019. Governmental entities covered by the bill include entities created by or acting on behalf of a political subdivision in the planning and design of a construction project. HB 2826 requires the governmental entity to provide public notice and hold an open meeting to consider and approve a contingent fee contract for legal services.
SB 1928 amends the certificate-of-merit statute, chapter 150 of the Civil Practice and Remedies Code, to add more protection for architects, engineers, land surveyors, and landscape architects in suits against them arising out of their provision of professional services. SB 1928 requires that a certificate of merit must be filed with any pleading first raising such a claim. SB 1928 further requires that the third-party professional who prepares the certificate of merit must practice in the same area of practice as the defendant. The former version of the statute only required that the third-party professional be knowledgeable in the defendant’s area of practice.
HB 3300 amends section 30.021 of the Civil Practice and Remedies Code to make the award of costs and attorney’s fees following the grant or denial of a motion to dismiss filed under Texas Rule of Civil Procedure 91a discretionary rather than mandatory.
 |
 |
|---|---|
| Stephanie H. Cook | Anthony T. Golz |
| Principal | Principal |
| View Bio | View Bio |
New Texas Supreme Court Ruling
LaLonde v. Gosnell, No. 16-0966 (Tex. June 14, 2019).
Today the Texas Supreme Court issued its majority and dissenting opinions in a case addressing implied waiver of the right to seek dismissal under the certificate-of-merit statute, chapter 150 of the Texas Civil Practice and Remedies Code. In LaLonde v. Gosnell, a 6-3 decision, the Supreme Court found waiver.
The Gosnells hired engineers to evaluate and stabilize their home’s foundation. The Gosnells later sued the engineers alleging contract and tort claims, but did not file a certificate of merit with their original petition. Nearly three and one-half years later and mere weeks before trial, the engineers filed a chapter 150 motion to dismiss. The trial court granted the motion and dismissed the Gosnells’ lawsuit with prejudice. The court of appeals reversed, holding that the engineers through their litigation conduct had impliedly waived the right to seek dismissal under chapter 150.
A divided Texas Supreme Court agreed with the court of appeals and held that the engineers’ engagement of the judicial process implied they intended to waive the right to seek dismissal. Considering the totality of the circumstances, the majority found it significant that the engineers had, among other things, actively participated in discovery through the close of the discovery deadline; designated experts; moved to designate responsible third parties; and made an affirmative claim for relief by requesting attorney’s fees in their live pleading.
The dissent, on the other hand, found it significant that chapter 150 does not impose any deadline by which the defendant must assert its right to mandatory dismissal. According to the dissent, “the defendant has the right to seek and obtain dismissal at any point in the litigation process.”
Copies of the majority and dissenting opinions may be found here:
Majority opinion: http://www.txcourts.gov/media/1444227/160966.pdf
Dissenting opinion: http://www.txcourts.gov/media/1444228/160966d.pdf
About the Author: Anthony T. Golz is Principal in the Houston office of Cokinos | Young. 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.
Cokinos | Young Attorneys ranked by prestigious Chambers USA in 2019 Directory
Chambers USA has released their 2019 version of America’s Leading Lawyers. Chambers has been one of the leading authorities in law firm and lawyer rankings in the country for over 20 years. Gregory M. Cokinos (Construction Law in Texas), Patrick J. Wielinski (Construction & Insurance Law in Texas), Stanley W. Curry (Construction Law in Texas), and Roger D. Townsend (Litigation: Appellate in Texas) have all been ranked in 2019 as experts in their fields in the 2019 directory.
Construction Law (Texas)
Insurance Law (Texas)
Litigation: Appellate (Texas)
Recent Comments