Patrick E. Gaas

Director
Houston, Texas
Phone: 713.653.7387
Fax: 713.651.0220
Practice Areas
Construction/Surety Law
Insurance Law
Litigation

Pat is a Director in the Construction/Surety section, and brings more than twenty years of solid, focused experience to his clients.  He began his legal career as an associate with Winstead, McGuire, Sechrest & Minick in 1988 and later joined the firm of Brewer & Pritchard, where he became a shareholder in 1994.  Pat joined Coats Rose as a Director of the firm in March 2003.

He has presented seminars to the Bar Association and many client groups, with topics ranging from suretyship, lien laws, construction contract provisions to insurance issues.  Pat was recognized as a Texas Super Lawyer in 2005, 2006 and 2007-2010.  H Texas Magazine named him one of Houston's Top Lawyers for 2008-2010.  He was also selected for inclusion in the 2010 and 2012 editions of The Best Lawyers in America® and the 2011 and 2012 editions of Texas' Best Lawyers® in the specialty of Construction Law.

Practice Emphasis
Pat’s practice focuses on representing owners, sureties, general contractors and subcontractors, emphasizing the investigation and administration of construction contract and subcontract defaults on behalf of owners, sureties and general contractors, workouts, document preparation, litigation and arbitration.

Education
Texas A & M University (B.B.A., cum laude, 1985)
University of Texas School of Law (J.D., with honors, 1988)

Admitted
1988, Texas
U.S. Supreme Court
U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas
U.S. Court of Appeals, Second and Ninth Circuits

Affiliations
American Bar Association (Forum Committee on Construction Industry)
State Bar of Texas (Construction and Insurance Sections)
Houston Bar Association (Construction and Litigation Sections)
Associated General Contractors of America, Inc. - Houston Chapter
Associated Builders and Contractors of America (Industrial Committee; Government Relations Committee; PAC Member)

London Court of International Arbitration, Member
Institute of Transnational Arbitration, Member of the Advisory Board

Representative Engagements 

  • Lead Trial Counsel for EPC Contractor in International Arbitration (Helsinki, Finland) with Subcontractor arising out of the design and construction of two peat fired electrical power plants located in Ireland – amount in controversy approximately 20,000,000 Euros; length of arbitration hearing – approximately 50 days.
  • Represented EPC contractor in International Arbitration (London, England) with owner regarding delay and extra work claims regarding two power plants located in former Soviet Union.  Amount in controversy approximately 100,000,000 Euros; length of arbitration hearing – approximately 6 weeks.
  • Lead Trial Counsel for non-destructive examination contractor in lawsuit with pipeline operator arising out of the remediation of a 31 mile natural gas pipeline in Ohio and Indiana – amount in controversy approximately $60,000,000; length of jury trial – approximately 5 weeks.

Representative Speeches/Publications

  • "Avoiding E-Disasters – Practical Guidance for Electronic Data Management and the E-Discovery Process", presented to the 25th Annual Construction Law Conference - San Antonio, Texas, March 1, 2012 
  • "Conquering the Courtroom", Construction-Today.com,  October/November 2011
  • "The Surety's Exposure for Property Damage and Bodily Injury: Identification, Allocation, and Avoidance of Risk," presented to the Surety and Fidelity Committed of the Tort and Insurance Practice Section of the American Bar Association; Annual Mid-Winter Meeting; Waldorf Astoria, New York City - January 28, 2006
  • “Considerations when Drafting Arbitration Agreements - The Evolving Unpredictability of Class Arbitration,” For the Defense, DRI - The Voice of the Defense Bar - Vol. 47, No. 6, June 2005
  • “False Financial Statements as the Basis for the Non-Dischargeable Debt - Identifying the Bad Guys and Making Them Pay,” presented to the 16th Annual Southern Surety & Fidelity Claims Conference, Charleston, S.C.; 2005
  • “Legal Responsibilities Regarding Ethical Obligations of Architects & Engineers,” presented to the Office of Facilities Management, University of Texas System, Houston, Texas; February 21, 2005
  • “Subcontract Drafting Considerations,” presented to The University of Texas School of Law - Construction Law Conference, Houston, Texas, October 21-22, 2004
  • “Legal Responsibilities Regarding Ethical Obligations of Architects Advisory Opinions and Decisions,” Texas Society of Architects State Convention, September 17, 2005
  • “Design Specs vs. Performance Specs: What’s The Difference?,” presented at the 15th Annual Construction Law Conference; Construction Law Section of the State Bar of Texas and The Texas Institute of Continuing Legal Education; San Antonio, Texas, (2002)

Representative Published Cases

  • Partners In Funding Inc. v. Quest Capital Resources, LLC, 2007 WL 471128, (S.D. Tex. 2007)
  • Hardin v. First Cash Financial Services, Inc., 465 F.3d 470 (10th Cir. (Okla.) 2006)
  • Halliburton Subsea v. Oceanografia, 2006 WL 1470366, (S.D. Tex. 2006)
  • Barron v. Vanier, 190 S.W.3d 841 ( Tex.App.-Fort Worth –2006, no writ)
  • Fidelity & Guar. Ins. Underwriters Inc. v. Wells Fargo Bank, 2005 WL 1801970  (S.D.Tex. 2005)
  • E.E.O.C. v. Cash & Go., Ltd., 2005 WL 1527663, (S.D. (Tex.) 2005)
  • Brewer & Pritchard, P.C. v. Johnson, 167 S.W.3d 460 (Tex.App.- Houston [14 Dist.] 2005)
  • Schuchmann v. Miraglia,  2004 WL 2626532 (N.D. Tex. 2004)
  • Powell v. Miraglia, 2004 WL 2452024 (N.D. Tex. 2004)
  • Wessel v. Miraglia, 2004 WL 1943776,  (N.D. Tex., 2004)
  • In re Redman Homes, Inc., 134 S.W.3d 296 (Tex.App.-Waco 2003, no writ)
  • Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193 (Tex. 2002)
  • U.S. Quest Ltd. v. Kimmons, 228 F.3d 399 (5th Cir. (Tex. 2000)
  • Brewer & Pritchard, P.C. v. Johnson, 7 S.W.3d 862 (Tex.App.-Houston [1 Dist.] 1999)
  • Gundle Lining Const. Corp. v. Adams County Asphalt, Inc., 85 F.3d 201 (5th Cir. (Tex.) 1996)
  • Metropolitan Life Ins. Co. v. Robertson-Ceco Corp., 84 F.3d 560 (2nd Cir. (Vt.) 1996)
  • Metropolitan Life Ins. Co. v. Robertson-Ceco Corp., 879 F.Supp. 407 (D. Vt. 1995)
  • Harvey Const. Co. v. Robertson-CECO Corp., 10 F.3d 300 (5th Cir. (Tex.) 1994)
  • U.S. for Use of American Bank v. C.I.T. Const. Inc. of Texas, 944 F.2d 253 (5th Cir. (Tex.) 1991)

 

News
Pat Gaas Quoted in the Houston Business Journal
June 17, 2011
Coats Rose Congratulates Its 2011 Super Lawyers
September 12, 2011
Articles
ConstructionToday.com - "Conquering the Courtroom"
November 29, 2011
Avoiding E-Disasters – Practical Guidance for Electronic Data Management and the E-Discovery Process
March 01, 2012
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