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 in a comprehensive mix of construction and employment matters in state and federal courts, as well as in arbitration and mediation. Patrick has experience with infrastructure projects, including 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 and 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 Preeminent® Peer Review Rated by Martindale-Hubbell, the highest rating in professional excellence
- Recognized in The Best Lawyers in America® for Construction Law and Litigation – Construction (2020–2026)
- College of the State Bar of Texas
Representative Experience
Litigation & Trial Experience
Patrick has first-chair bench and jury trial experience in state and federal courts nationwide. He has briefed and argued appeals before multiple state and federal appellate courts and has served as lead counsel in significant arbitrations and administrative proceedings at both the state and federal levels.
Construction
Patrick regularly represents contractors, design professionals, owners, design-builders, EPC contractors, lenders, and suppliers in complex construction disputes in state and federal courts, as well as in arbitration and mediation. His infrastructure experience spans highways, government facilities, wastewater treatment plants, power generation facilities, oil refineries, and pipeline systems. He has also handled disputes involving projects in the entertainment, life sciences, health care, hospitality, education, and religious sectors, as well as high-rise and multi-family residential developments.
In construction disputes, Patrick has prepared and defended claims involving contract default, payment disputes, bid protests, schedule delay and acceleration, loss-of-productivity claims, re-engineering and design-error claims, insurance coverage disputes, OSHA citations, and mechanic’s lien and payment bond claims.
Employment
On behalf of employers, Patrick has defended a broad range of employment litigation and administrative claims, including matters involving breach of fiduciary duty, fraud, wrongful termination, discrimination, harassment, retaliation, unemployment benefits, and wage-and-hour and prevailing-wage violations. He routinely counsels employers on personnel policies, employee handbooks, restrictive covenants, and regulatory compliance, and he pursues efficient resolution of disputes through negotiation, structured workouts, and, where necessary, litigation.
- Represented private and publicly traded pipeline companies in multi-million-dollar fraud, delay, productivity, and breach-of-contract disputes arising from the construction of interstate natural gas pipelines, related compressor stations, and remediation of pipeline rights-of-way.
- Represented a construction company in multiple lawsuits connected with a $150 million mixed-use development involving geotechnical, structural, and MEP design-defect claims.
- Represented a hotel owner in structural and geotechnical design and construction defect matters.
- Served as lead arbitration counsel on design and construction defect claims against an HVAC designer/contractor and a framing contractor involving a multi-million-dollar residence.
- Obtained a complete defense verdict after defending a mobile home transport company against a serious, multi-plaintiff personal injury action arising from a highway accident.
- Represented an individual crane operator against a major contractor in a breach-of-employment-contract action.
- Successfully resolved a gender discrimination claim against a multinational employer.
- Represented a structural concrete contractor on contractual disputes, workplace injury matters, and the successful negotiation and mitigation of OSHA citations.
- Defended a private K–8 school against a pregnancy discrimination claim.
- Represented a catering and restaurant business in multiple discrimination, unemployment, and wrongful termination claims.
- Advised and represented medical personnel in a dispute with a hospital involving wrongful suspension and the misapplication of state regulations and guidelines.
- Serves as outside employment counsel to an oil and gas services and equipment supplier on employment matters, employee handbooks, terminations, covenants not to compete, and OSHA safety compliance.
- Serves as outside legal counsel for a regional telecommunications company on all employment issues, including restrictive covenants, discrimination claims, workers’ compensation, and unemployment matters.
- Serves as outside legal counsel to a nationwide chemical manufacturer and distributor, providing representation on all employment matters.
- Serves as outside legal counsel throughout Texas for a nationally recognized foundation company, including the successful defense of construction defect claims in both litigation and arbitration.
- Counsels local churches on construction contracts, personnel policies, and institutional governance matters.
Speaking Engagements & Presentations
- Presenter, “Construction PI: Are You the Hammer or the Nail?” — 39th Annual Advanced Personal Injury Law Course, 2023
- We Are Doing Good, But We Can Do Better — The Importance of Safety in Construction, Construction News Magazine, November 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 Section
- Construction Section
- Labor & Employment Law Section
- Houston Bar Association
- Litigation Section
- Construction Section
- Labor & Employment Law Section
- Bar Association of the Fifth Federal Circuit
- 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
Admissions
- State Bar of Texas
- United States Supreme Court
- United States Court of Appeals for the Fifth Circuit
- United States District Courts for the Southern, Eastern, Northern, and Western Districts of Texas
Community Involvement
- TCU Lettermen Association – Lifetime Member