Marc A. Young

Principal | Austin

Biography

Marc A. Young is a Founding Principal, and he is at the helm of the firm’s Austin, Texas office. Marc heads the firm’s Tort Litigation Section which deals principally with the defense of corporations and individuals sued for claims involving personal injury and property damage. Marc handles a wide variety of claims ranging from product liability, construction defects, premises liability, commercial disputes and professional liability. Marc is Board Certified in Personal Injury Trial Law and he has tried over 100 cases in state and federal court, arbitrated 12 construction cases, and continues to try and arbitrate a significant number of cases each year while remaining active within the defense bar by writing, speaking and chairing important committees and subcommittees. Marc is knowledgeable and well-practiced in matters relating to Construction, Trucking and Transportation Law, including many cases involving deaths and serious injuries.

Education

  • South Texas College of Law – J.D., 1982
  • Texas A&M University – B.A., 1979

Recognitions & Distinctions

  • Best Lawyers in America 2024- Litigation – Construction
  • Named a Texas Super Lawyer by Thompson Reuters from 2004-Present
  • Named a Best Lawyer in Construction Litigation by SA Scene Magazine from 2010-2014.
  • AV Preeminent rated by Martindale-Hubbell peer review ratings, the highest rating possible.
  • Elected Director to the FDCC Board of Directors 2019-2021.

Representative Experience

  • Represented a subcontractor who was wrongfully terminated by a regional general contractor from a public construction project. Prevailed in a jury trial and recouped all lost profits and attorney’s fees for the subcontractor.
  • Represented a national developer of high-end multi-family complexes. A partially occupied 18-building complex in Colorado was determined to have roofing issues and events of water intrusion. Retained experts and found that the entire tile roof had to be removed and reinstalled without interfering with a newly issued certificate of occupancy. Prevailed in arbitration against the roofing contractor and client was awarded damages and attorney’s fees.
  • Represented a national general contractor sued by a subcontractor’s employee who fell from a ladder, resulting in back injury. Tried to a verdict and the jury found no liability on the part of the general contractor.
  • Represented a national general contractor sued by a Texas school district for the alleged defective construction of a high school. The complex, multi-party case involved 54 subcontractors and their insurance companies. Obtained significant contribution from the subcontractors and their insurance companies in settlement.
  • Represented a national electrical contractor in a lawsuit involving the prevailing wage rate on an airport project.
  • Represented a national general contractor at both the informal and formal OSHA hearings for work safety citations related to a serious personal injury on the job. Obtained reduced penalties and fines.
  • Represented a national bank and a national commercial real estate developer against claims brought by numerous subcontractors and a general contractor claiming money was owed on banks they had constructed throughout Texas.
  • Represented a contractor who unknowingly purchased mislabeled and defective pipe which was subsequently used on a gas pipeline gathering system. Settlement was obtained from the reseller and manufacturer.
  • In a complex, multi-party litigation involving general contractors, subcontractors and suppliers for a Florida hotel, Cokinos | Young was enlisted 2 weeks before arbitration when original counsel passed away suddenly. Prevailed in defending the arbitration as well as the counter-claim.
  • Represented a building owner whose insurance carrier contacted the firm on a Friday before a Monday trial in a matter of workplace injury involving the electrocution of an electrical worker. With very little information and time, Cokinos | Young tried the case to a verdict in favor of the client.
  • Represented a general contractor who constructed a 22 story condo that leaked. The general contractor received demand letter providing notice of intent to file suit. The general contractor asked me to keep suit from being filed. I worked with the general contractor’s project team to evaluate and price the needed repairs. I worked with the general contractor’s primary and excess carriers to evaluate the liability and damages 120 days from receipt of the demand letter, we were able to resolve the claim without suit ever being filed.
  • Currently representing broker of an agricultural commodity which exploded after the building the commodity was stored, was set ablaze by an unknown arsonist. Fifteen people died and hundreds were injured. Property damage claims exceed $400 million.
  • Currently representing a general contractor who constructed a four story building and remodeled an existing facility. Contract with owner was terminated by the general contractor due to owner’s inability to provide adequate funds to complete the project. Owner sued for alleged defects. General contractor suing for breach of contract and for significant project delays caused by owner and its architect.

Speaking Engagements & Presentations

  • SCOTUS Swings the Pendulum Back in Favor of Arbitration
    Presented to Construction Super Conference
  • This Used To Be So Easy – Taking on the Plaintiff’s Attempts to Kill the IME Process
    Presented to the Federation of Defense and Corporate Counsel – Summer Meeting
  • Construction Defect Litigation: How to Try and Win the Case
    Presented to State Bar of Texas Construction Law Conference
  • Indemnity: The Good, the Bad, and the Ugly
    Presented to State Bar of Texas Construction Law Conference
  • Construction Litigation, Part III: Trying a Construction Defect Case
    San Antonio Construction Law Section
  • Ethical Problems with Joint Representation
    State Bar of Texas
    Basics in Texas Construction Law Conference
  • Contingent Payment Clauses on Law Points
    San Antonio Construction Law Section
  • Adjusting the Construction Claim
    Allstate Insurance Company
  • OSHA Inspections
    Houston Bar Association Construction Law Section
  • Defending Construction Arbitration Claims
    CNA Insurance Company

Publications

  • Putting Arbitration Back in Its Place: How to Make Arbitration Work as Intended by the Contracting Parties

Memberships & Affiliations

  • Board Certified in Personal Injury Trial Law, Texas Board of Legal Specialization
  • ABOTA (American Board of Trial Advocates)
  • Federation of Defense and Corporate Counsel
  • Austin Bar Association
  • Houston Bar Foundation: Fellow
  • State Bar of Texas: Construction Law and Litigation Sections
  • San Antonio Bar Association: Construction Law and Litigation Sections
  • Lawyers for Civil Justice

Admissions

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

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