Patrick Garner is a litigator and trial attorney with extensive experience in employment law, construction and commercial litigation representing both Plaintiffs and Defendants.
Patrick acts as a comprehensive legal counsel for a variety of large and small businesses and advises employers on how to resolve, mitigate and avoid issues, problems and disputes before litigation becomes necessary. 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 appreciate the attentive service and zealous representation Patrick Garner brings to matters, both large and small. He often represents contractors, design professionals, owners, design-builders, engineering procurement and construction contractors, lenders and suppliers on a wide variety 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 also has experience in projects involving the entertainment, life sciences, health care, hospitality, educational and religious institutions as well as high rise and multi-family dwellings.
Patrick has been involved in matters in state and federal courts across the nation and has significant first chair bench and jury trial experience. He has handled and argued appeals before state and federal courts and has first chair experience in significant arbitrations as well as 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.
Recognitions & Distinctions
- AV rated by Martindale Hubbell Peer Review rating, the highest rating possible.
- Listed in The Best Lawyers in America 2020 & 2021 for Construction Law and Construction Litigation
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 Buiders & Contractors – Committee Member
- Associated General Contractors of America – Committee Member
- TCU Lettermen Association – Lifetime Member
- South Texas College of Law – J.D., 1996
- Texas Christian University – B.A., 1989
- State Bar of Texas
- United States Court of Appeals, Fifth Circuit
- United States District Court: Eastern, Northern, Southern and Western Districts of Texas
- United States Supreme Court
Practice Areas and Casework
- 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 matter.
- Arbitrated design and construction defect claims against and 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 and personnel policies and procedures.