Marc A. Young

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

  • 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

Luis A. Vallejo

Biography

Luis Vallejo has more than 30 years of criminal law experience and dedicates his practice to the defense of individuals accused of criminal acts under state and federal law. After earning three degrees from the University of Texas, Luis began his legal career as an Assistant District Attorney with Harris County and was responsible for the prosecution of all levels of criminal offenses. In addition to Houston, Luis worked for the Special Crimes Unit of Bexar County, and ultimately for the Texas Attorney General prosecuting criminal cases across Texas. After 6 years of government service, Luis focused his attention on the defense of individuals accused of criminal acts and has aggressively defended his clients in state and federal courts. Luis is Board Certified in Criminal Law by Texas Board of Legal Specialization.

Education

  • University of Texas at Austin – J.D., 1980
  • University of Texas at Austin – MPA, 1977
  • University of Texas at Austin – B.J., 1975

Memberships & Affiliations

  • Harris County Criminal Law Association
  • National Association of Criminal Defense Lawyers
  • State Bar of Texas
  • Texas Criminal Defense Lawyers Association

Admissions

  • Board Certified- Criminal Law, Texas Board Legal Specialization
  • State Bar of Texas (1980)
  • United States Court of Appeals, Fifth Circuit
  • United States District Court: Northern, Eastern, Southern & Western Districts of Texas
  • United States Supreme Court
  • Texas Army National Guard, Judge Advocate

Shelly D. Masters

Biography

Shelly Masters is an experienced trial attorney representing clients in multiple areas of litigation, with a particular focus on construction, commercial, employment and product liability matters.  After practicing more than twenty years, she has amassed a successful track record of prosecuting and defending complex multiparty cases before state and federal courts in multiple states involving a wide range of legal issues.  Shelly is acutely aware of the issues facing those involved in the construction industry and actively uses that knowledge to find proactive, unique and efficient solutions to solve client problems.  She has litigated and successfully resolved millions of dollars in dispute. She has argued thousands of motions and taken hundreds of depositions in courtrooms and boardrooms across the country.  She is a prepared and aggressive litigator when the time comes.

In addition to her legal work, Shelly is a frequent author and speaker for professional, legal and trade associations.  She keeps abreast of national and state litigation trends and legislation to better serve her clients. She consults and trains clients on a variety of topics designed to minimize risks so that her clients have the tools to protect against future disputes and litigation.

Education

  • University of Houston Law School – J.D., 1998
  • University of Texas School of Law (1997)
  • University of Texas at Austin – B.A., 1995

Recognitions & Distinctions

  • Best Lawyers in America 2019 – 2023: Construction Law
  • Federation of Defense & Corporate Counsel (FDCC) (Inducted 2019)
  • FDCC Ladder Down National Class of 2022
  • Life Fellow – Texas Bar Foundation (2019)
  • Outstanding Service Award for 10 Years on Board of Directors of Associated Builders and Contractors (2018)
  • Terry Scholar – University of Texas at Austin

Representative Experience

  • Lead litigation counsel for a large national general contractor in defense of a complex construction defect lawsuit alleging $250 million in property damage involving the renovation and expansion of a continuing care retirement facility which, following extensive discovery, depositions, appeals and dispositive motions, the case was successfully resolved as to all claims.
  • Successful intervention and negotiation of favorable terms in a proposed $43.5 million national class action settlement on behalf of several large subcontractors in multiple states involving failing plumbing pipe installed in thousands of residential homes.
  • Lead litigation counsel in high-damage complex multiparty litigation against national production manufacturer, component part manufacturers, product suppliers in multiple companion construction products liability lawsuits spanning multiple states with alleged damages in excess of $20 million.
  • Lead litigation counsel for a property owner against its design team, general contractor and a dozen subcontracts for faulty workmanship and alleged damages in excess of $5 million resulting in a favorable pre-trial settlement.
  • Lead litigation counsel against over $40 Million in claims involving premature corrosion and failure of complex energy pipelines. Following extensive discovery and dispositive motions, the case settled favorably for the defense.
  • Defense counsel for national general contractor in a mixed nonpayment and construction defect matter with an alleged $12 million property damage.
  • Successful prosecution and settlement of a design defect case against a project architect on behalf of a property owner involving a $1.5 million construction project.
  • Successful prosecution of $2.2 million nonpayment and breach of contract matter involving construction of a retirement community on behalf of a general contractor.
  • Successfully noticed, filed and foreclosed on millions of dollars in mechanic’s lien and bond claims on behalf of all types of companies involved in construction.
  • Selected and served as national and state trial counsel for over a decade for a major product manufacturer involved in widespread products liability / toxic tort litigation involving thousands of plaintiffs and defendants.
  • Served as national trial and coordinating counsel on behalf of multiple international product manufacturers in multiple states including Texas, Illinois, Pennsylvania, New York, Delaware, Montana and more.

Speaking Engagements & Presentations

  • Speaker, “Combatting, Cutting and Defending Against Fee Shifting Claims”, FDCC Annual Meeting (Seattle, July 26, 2022)
  • Speaker, “Price Escalation Issues and Smart Business Practices, Central Texas Subcontractors Association (April 12, 2022)
  • Speaker, “Marijuana in the Workplace: It’s Complicated, ABC Safety Forum Panel, ABC Central Texas Chapter (Feb. 15, 2022)
  • Speaker, “City, State and Federal Update: COVID Protocols”, Central Texas Subcontractors Association (Feb. 8, 2022)
  • Speaker, Avoiding Unions: Employer Do’s and Don’ts, Associated Builders & Contractors Central Texas Chapter, May 12, 2021.
  • Speaker, Texas Legal Update: Subcontractor Nonpayment Claims and Mechanic’s Liens, CTSA, April 13, 2021.
  • Speaker, COVID Impacts – Return to Work, Paid Leave & Vaccination Policies, IEC Central Texas Chapter, January 21, 2021.
  • “COVID Impacts – Return to Work, Paid Leave & Vaccination Policies” for the Independent Electrical Contractors Member Forum (January 2021).
  • “Legal Impacts of COVID-19” for the Central Texas Subcontractors Association (September 2020).
  • “Dealing with Delays, Disruptions and Lost Dollars” for the 2019 Annual CTSA Construction Law Conference.
  • “Avoiding Legal / HR Pitfalls – Why a Leadership Culture is Important” for the 2019 ABC Leadership Conference.
  • “Emerging Trends on Limiting Liability with or without the Spearin’ Doctrine” for the 2019 FDCC Winter Conference.
  • “The Subcontractor’s Legal Toolbox” presentation for CTSA (Dec. 2018).
  • “Perfecting and Enforcing Lien Claims”, “Litigating Construction Claims”, “Pay Me – No ‘Ifs Ands or Buts about It’”, and “Construction Mistakes to Laugh & Cry About It” for the 2018 Annual CTSA Construction Law Conference.
  • “Ban the Box” for Associated Builders & Contractors Lunch & Learn program (March 2017).
  • “Getting Ahead: Strategies for Achieving and Sustaining Growth” moderator and speaker for the ABC Program Series (March 28, 2015).
  • “Expedited Actions” for the 27th Annual Construction Law Conference (Feb. 27 & 28, 2014).

Publications

  • Author, “Delegated Designs Surprise Unsuspecting Contractors”, Austin Construction News (Feb. 2022).
  • Author, Contractual Risk Mitigation: Three Tips for Solving PROBLEM$ in 2021, Construction News, January 3, 2021.
  • “Mission Impossible – When Coronavirus Threatens Performances” for Insights, a publication of the Federation of Defense and Corporate Counsel (July 2020).
  • “Mitigating Contractual COVID-19 Risk for Contractors” for Construction News (May 2020).
  • “Contractors Embrace Legal Tools to Limit Poaching of Key Employees” for NSA Today, Issue 11 (2019).
  • “Change Orders: When Change Isn’t a Good Thing” for NSA Today, Issue 10 (Oct. 2018).
  • “Design Defects Threaten Texas Contractors” for Construction News, Volume 15, Number 11 (Nov. 2018).
  • “How Does ‘Ban the Box’ Affect You” for Construction News, Volume 15, Number 10 (Oct. 2016)
  • “Employers use Non-competition & Non-solicitation Agreements to Limit Poaching of Key Employees” for Construction News (Apr. 2015).
  • “Wrongful termination: Can terminating an employee before the filing of a Worker’s Compensation claim be unlawful?” for Construction News, Volume 12, Number 10 (0ct. 2012).
  • “Retainage; the Texas Two-Step” for Construction News, Volume 11, Number 2 (Feb. 2011).
  • “Default Termination Clauses: A Lethal but Potentially Pricey Weapon” for Construction News, Volume 10, Number 4 (Apr. 2010).

Memberships & Affiliations

  • The Federation of Defense & Corporate Counsel (FDCC)
      • Chair of the Construction Law Section 2022-2023
      • Chair of the Central Division of the FDCC State Representative Program
      • Vice Chair of Meeting & Sites Committee
      • Vice Chair Diversity Committee
      • Admissions Committee
  • Associated Builders & Contractors
    • LOGIC (Ladies Operating for Growth In Construction)
    • Past Chair and Board of Directors (2008-2018)
  • Central Texas Subcontractors Association, Chapter Attorney
  • Associated General Contractors of America
  • Defense Research Institute, Construction, past co-editor of Critical Path
  • Construction Financial Management Association
  • National Association of Women in Construction
  • International Electrical Contractors Association
  • Austin Bar Association
  • State Bar of Texas, Construction and Litigation Law Sections

Admissions

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

Katy A. Lumpkin

Biography

Katy Lumpkin has extensive experience in commercial real estate, representing both commercial and governmental clients in acquisition, disposition, development and leasing of real property.

Education

  • Emory University – J.D., 1992
  • The University of Texas at Austin – B.S., 1988

Representative Experience

  • Represents private and governmental entities in real estate transactions negotiations including leasing, acquisition, disposition, financing, easements and construction projects.
  • Lead real estate attorney in the financing, acquisition, design and construction of a utility infrastructure project.
  • Represented a client on a multi-million-dollar acquisition of real estate and water rights.
  • Represented the Board of Regents of the University of Texas System in real estate matters affecting the University of Texas System and its fourteen institutions.
  •  Responsible attorney for preparing real estate contracts and closing documents for the acquisition and disposition of real property.
  • Prepared and negotiated leases, estoppels, easements, and other associated real estate documents.
  • Represented developers and owners in acquisition, leasing, development, sale and financing of real property including office projects, retail facilities and multi-family projects.
  • Responsible for drafting and reviewing financial and conveyance documents in connection with the acquisition and disposition of real property.
  • Performed due diligence reviews including title and survey review, zoning and municipal compliance review and lease review.

Speaking Engagements & Presentations

  • UT CLE Annual Land Use Conference –Planning Committee (2015-2019)
  • Austin Business Journal – Judge for Annual Real Estate Awards (2019)
  • 25th Annual Advanced Real Estate Drafting Course –Presenter (2014)
  • 21st Annual Advanced Real Estate Drafting Course – Planning Committee (2010)

Memberships & Affiliations

  • Member of the State Bar of Texas
  • Member of the State Bar of Georgia
  • Commercial Real Estate Women – Austin Chapter
    – President–CREW Austin (2019)
    – Elected Director, CREW Austin (2016-2018)
    – Chair, Programs Committee (2011-2015)
    – Member, UCREW Committee (2009-2011)
  • Commercial Real Estate Women – Austin Chapter
  • CREW Network – Scholarship Committee

Admissions

  • State Bar of Texas (1993)
  • State Bar of Georgia (1992)

Community Involvement

  • Meals on Wheels and More (Austin), Volunteer (2002-present)
  • Front Steps (Austin), Volunteer (2014-2019)
  • Emancipet – Central Texas Advisory Committee (2013-2016)
  • Impact Austin, Environmental Committee (2014)

John P. DiBiasi

Biography

Prior to starting his legal career in 2003, John was heavily involved in the construction industry in New York and New Jersey. He started in the construction industry by working as a laborer, progressing to labor foreman, assistant superintendent, and ultimately superintendent on many heavy highway and heavy civil construction projects throughout the Northeast. John’s hands-on field experience includes bridges, piers, highways, airports, and underground construction. While working in the field, John also attended New Jersey Institute of Technology, where he received his B.S. degree in Civil Engineering in 2000, with honors.  John is a member of Chi Epsilon – the Civil Engineering Honors Society – and is also the recipient of the 1998 Robert Ridgeway Award acknowledging him as the top engineering student in New Jersey for 1998.

John received his Juris Doctorate degree in 2003 from Widener University School of Law, located in Harrisburg, Pennsylvania.  His practice focuses primarily on heavy civil construction and commercial litigation.  John remains actively involved in the construction industry and attends meetings and seminars with the various construction associations throughout the country.  John is a member of the state and federal bars for New Jersey, New York, Pennsylvania and Texas.  When John is in Texas he will be in the Austin office.

Education

  • Widener University School of Law – J.D., 2003
  • New Jersey Institute of Technology – B.S., 2000

Recognitions & Distinctions

  • AV Rated – Martindale Hubbell

Representative Experience

  • Assisted clients with claim preparation, document and damage tracking, and preserved the clients’ rights during actual construction of countless projects to obtain amicable resolutions and avoid litigation. These projects included bridges, tunnels, highways, tunneling and sunken caissons across the country.
  • Ingerman Affordable Housing v. Langan Engineering & Environmental Services (American Arbitration Association, 2014). Successfully defended alleged breach of contract and professional malpractice claims arising out of the development of a Brownfield, located in Jersey City, NJ.  The developer claimed that, because the contractor had needed to export more than 10,000cy of contaminated material, Langan must have erroneously represented the site as being generally balanced.  Successfully proved that the developer’s construction arm knowingly subcontracted with its earthwork contractor to utilize and spread 10,000cy of recycled concrete aggregate on-site for surcharging material without any thought as to the impact and need to then export an equal volume of on-site contaminated material.  Arbitration Panel ruled that Plaintiff’s claims were entirely without merit and frivolous and awarded Langan its defense costs and fees.
  • Intercounty Paving Associates, LLP v. PennDOT, (Board of Claims, 2009). Recovered three-quarters of a million dollars on behalf of the contractor in delay damages caused by PennDOT’s active interference, misrepresentations, defective plans and specifications, and its failure to recognize the legitimate financial interests of the contractor. Overcame no-damage-for-delay exculpatory language in the contract as well as PennDOT’s defense that the contractor was required to “coordinate” utility relocations.
  • Schiavone Construction Co., Inc.  v. MTA, (DRB, 2008). Achieved multimillion-dollar recovery on behalf of the Design-Builder for chemical grouting work directed by the Authority’s Engineer on a new subway station located forty feet below sea level in Battery Park, New York, New York.  Proved that the Authority — despite its post-contractual spin of defective work and deficient notice defenses – prescribed the waterproofing materials and other material design requirements that the Design-Builder was mandated to follow and incorporate into the “final” design; knowingly structured the contract to reimburse the Design-Builder for actual costs incurred for chemical grouting as “extra work”; directed bidders to estimate a prescribed amount of chemical grouting for bidding purposes as a baseline to evaluate bids and to keep all bidders on a level playing field; and contemplated that the actual amount of chemical grouting required would be determined by the Authority’s Engineer based on actual field conditions.  At trial, the Authority’s Engineer admitted that the aforementioned procedure was established because of the complexity and location of the new structure (sited between and under existing subways) and the unknowns associated with actual volumes required for injecting chemical grout in structures well below the water table of the adjacent Hudson River, Hudson Bay, and East River.

Speaking Engagements & Presentations

  • Yearly speaker at the American Bar Association Construction SuperConference on construction related issues, including government terminations for convenience, underground tunneling, and OSHA investigations.

Publications

  • Terminating Government Contracts: Overcoming Challenges, in Aspatore’s Inside the Minds: Trends in Government Contracting, (Thomson Reuters/Aspatore, 2012)

Memberships & Affiliations

  • American Society of Civil Engineers
  • Chi Epsilon – National Civil Engineering Honor Society
  • American Society of Military Engineers
  • American Bar Association
  • New York, New Jersey, Pennsylvania and Texas – Construction Law Sections
  • Organizations: UTCA (Utility and Transportation Contractors Association), CIAP (Construction Industry Advancement Program); AGC Various State Chapters, AGC of America, the Moles, the Beavers
  • Member of The Moles, an organization composed of individuals now or formally engaged in the construction of tunnel, subway, sewer, foundation, marine, sub-aqueous or other heavy construction projects

Admissions

  • State Bar of New York
  • State Bar of New Jersey
  • State Bar of Pennsylvania
  • State Bar of Texas
  • Various Federal Courts in New York, New Jersey, Pennsylvania and Texas

This website uses cookies to improve your experience. By using our site, you provide your consent.

Read More