Biography
Patrick Garner is a litigator and trial attorney with extensive experience in employment law, construction, and commercial litigation, representing both Plaintiffs and Defendants.
Patrick serves as trusted legal counsel to a broad spectrum of businesses, from large corporations to small enterprises, advising employers on how to resolve, mitigate, and prevent issues before litigation arises. Despite his outstanding experience as a litigator, Patrick prides himself on protecting the client’s interests while keeping clients out of the courtroom whenever possible.
Clients value Patrick Garner’s attentive service and vigorous representation in matters of all sizes. He often represents contractors, design professionals, owners, design-builders, engineering procurement and construction contractors, lenders, and suppliers on a comprehensive mix of construction and employment matters in state and federal courts, as well as in arbitration and mediation. Patrick has experience in infrastructure projects such as highways, government offices and structures, wastewater facilities, power plants, oil refineries, and pipelines. He has experience with projects across the entertainment, life sciences, health care, hospitality, education sectors, religious facilities, high-rise buildings, and multi-family developments.
Patrick has been involved in matters in state and federal courts nationwide and has significant first-chair bench and jury trial experience. He has handled and argued appeals before state and federal courts. He has first chair experience in significant arbitrations in addition to first chair experience in state and federal administrative hearings.
In construction disputes, Patrick has prepared and defended claims in numerous areas of construction law, including contract default claims, payment disputes, bid contests, delays, acceleration and inefficiency claims, re-engineering and design-error claims, insurance coverage claims, OSHA citations, mechanic’s lien and payment bond claims.
On behalf of employers, Patrick has defended a variety of employment litigation and administrative claims, including claims asserting breach of fiduciary duty, fraud, wrongful termination, discrimination, harassment, retaliation, unemployment, wage and hour, and prevailing wage violations. He has also pursued the efficient resolution of disputes between parties through negotiations, workouts, and litigation, as needed.
Education
- South Texas College of Law – J.D., 1996
- Texas Christian University – B.A., 1989
Recognitions & Distinctions
- AV rated by Martindale Hubbell Peer Review, the highest rating possible.
- Recognized in The Best Lawyers in America® (2020–2026): Construction Law and Litigation – Construction
Representative Experience
- Represented private and publicly-traded pipeline companies in multi-million dollar fraud, delay, productivity, and breach-of-contract disputes related to construction of interstate natural gas pipelines, construction of related compressor stations, and remediation of pipeline rights-of-way.
- Represented a construction company in multiple lawsuits connected with a $150 million development. Lawsuits included geotechnical and structural issues as well as MEP design defects.
- Represented a hotel on structural and geotechnical design and defect matters.
- Arbitrated design and construction defect claims against an HVAC designer/contractor and a framing contractor on a multi-million dollar residence.
- Obtained a no-liability finding after defending a mobile home transport company against a serious, multi-plaintiff highway accident personal injury matter.
- Represented an individual crane operator against a major contractor on a breach of an employment contract.
- Resolved a gender discrimination claim against a multi-national employer.
- Represented a structural concrete contractor on contractual issues, workplace injury matters, and the successful negotiation and mitigation of OSHA citations.
- Represented a private K-8 school against a pregnancy discrimination claim.
- Represented a catering business/restaurant in multiple discrimination, unemployment, and wrongful termination claims.
- Advised and counseled medical personnel against a hospital in a matter involving wrongful suspension and misapplication of state regulations and guidelines.
- Counsel to an oil & gas services and equipment supplier on employment matters, employee handbooks, terminations, covenants not to compete, and OSHA safety issues.
- Act as legal counsel for a regional telecommunications company on all employment issues, including covenants not to compete, discrimination, workers’ compensation, and unemployment claims.
- Act as legal counsel to a nationwide chemical manufacturer and distributor, providing legal representation on all employment matters.
- Act as legal counsel throughout Texas for a nationally recognized foundation company. Successfully defended construction defect claims in litigation and arbitration.
- Act as legal counsel to local churches in construction contracts, personnel policies, and procedures.
Speaking Engagements & Presentations
- Presenter, “Construction PI: Are You the Hammer or the Nail?” — 39th Annual Advanced Personal Injury Law Course 2023
Publications
-
We are Doing Good, But We Can Do Better – The Importance of Safety in Construction, Construction News Magazine, November 2023
Memberships & Affiliations
- State Bar of Texas: Litigation, Construction, and Labor & Employment Law Sections
- Houston Bar Association: Litigation, Construction, and Labor & Employment Law Sections
- College of the State Bar of Texas
- Defense Research Institute
- Texas Association of Defense Counsel
- Associated Builders & Contractors – Committee Member
- Associated General Contractors of America – Committee Member
- Society of Construction Law North America – Member
Admissions
- State Bar of Texas
- United States Court of Appeals for the Fifth Circuit
- United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas
- United States Supreme Court
Community Involvement
- TCU Lettermen Association – Lifetime Member