Patrick A. Kelly Associate As a member of your team, I aim to resolve legal problems in the most practical and cost-efficient way possible. While I build up every case as if it will be put in front of a jury, I take every opportunity to negotiate a successful outcome for your business.
Patrick A. Kelly is a construction law attorney and commercial litigator with experience representing clients through every stage of the dispute resolution process. While serving as first and second chair, he has successfully advocated for clients in state, federal and bankruptcy courts across Texas, as well as in arbitration proceedings. He prosecutes and defends claims involving the Texas Property Code, Chapter 2253 of the Texas Government Code, the Texas Construction Trust Fund Act, the Texas Uniform Fraudulent Transfer Act and the Miller Act. He has also developed and implemented discovery plans in numerous complex civil litigation matters, including taking and defending depositions and drafting e-discovery protocols and document review strategies.
Patrick represents clients in the construction, infrastructure, data center and manufacturing industries. His experience spans a broad range of legal issues, including breach of contract, fraud, partnership disputes, business divorces, payment disputes, construction defects, construction lien disputes, construction trust fund claims, payment bond disputes, adversary proceedings, the bankruptcy claims process, UCC claims and sovereign immunity.
Prior to joining Gray Reed, Patrick began his career at a construction law boutique. He served as a law clerk in the Office of the Texas Solicitor General and for the Tax Policy Subcommittee of the U.S. House Committee on Ways and Means. He was also a judicial intern for Judge Jeffrey Manske of the U.S. District Court for the Western District of Texas, Waco Division.
Representative Experience
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Served as first-chair representing general contractor in prosecuting claims against developer and Municipal Utility District (MUD) involving nonpayment on large residential development. Spearheaded motion practice, delivered oral argument before trial court on various motions, conducted document discovery and expert discovery, took and defended depositions, and led mediation negotiations and strategy. Secured favorable settlement before trial.
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Served as second-chair representing roofing subcontractor during weeklong American Arbitration Association (AAA) arbitration with national general contractor involving refrigerated warehouse project. Prepared pre-arbitration filings, conducted direct examination and cross-examination of multiple witnesses, and delivered closing statement. Led pre- and post-hearing briefing.
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Served as first-chair representing roofing subcontractor in asserting Miller Act claims against general contractor and surety in Eastern District of Louisiana. Argued Federal Rule of Civil Procedure 12(b)(6) motion, securing dismissal of defendant’s counterclaim. Spearheaded motion practice, document discovery, took and defended depositions, and led mediation negotiations and strategy. Secured favorable settlement at mediation shortly before trial.
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Served as second-chair in weeklong jury trial in Texas district court relating to real property dispute. Delivered opening argument, conducted direct examination of witnesses, argued during jury charge conference, and successfully moved for directed verdict on one of plaintiff’s claims.
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Presented oral argument as first-chair before the Court of Appeals for the Ninth District of Texas, securing affirmance of favorable trial court ruling dismissing breach of fiduciary duty and conspiracy claims against client. Led appellate briefing.
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Represented developer in dispute involving general contractor, well subcontractor, and Municipal Utility District relating to payment dispute and claims of defective work. Secured favorable settlement.
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Represented world’s largest independent SAP HCM and software specialist in breach of contract dispute with municipality, securing favorable settlement.
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Represented publicly traded, global chemical and materials company in case involving Texas Construction Trust Fund and Texas Uniform Fraudulent Transfer Act (TUFTA) claims, including deposing fact witnesses, analyzing bank records, and drafting dispositive motions and pre-trial filings. Secured favorable settlement shortly before trial.
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Represented data center owner in construction and bankruptcy litigation. Prosecute and defend claims involving Texas Property Code, Texas Government Code Chapter 2253, Texas Construction Trust Fund Act, TUFTA, and Miller Act.
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Represented rubber vulcanization company in multi-day bench trial in bankruptcy court against individuals and entities based in Hong Kong involving failed loan transaction, fraudulent foreclosure attempt on manufacturing facility, and claims of fraud in “bet-the-company” dispute (second chair).
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Served as first chair in multi-day bench trial in state district court that defended small business owner against general contractor’s breach of contract and lien foreclosure claims, obtaining take-nothing judgment and removal of lien.
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Obtained complete summary judgment in defense of popular Houston-based restaurant chain in state district court, dismissing entirety of plaintiff’s claims in partnership dispute.
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Represented subcontractor against general contractor in American Arbitration Association proceeding, obtaining favorable award and attorneys’ fees for general contractor’s nonpayment (second chair).
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Drafted and filed appellant’s brief before the Court of Appeals for the Ninth District of Texas on behalf of excavating and utilities contractor relating to plea to jurisdiction and assertion of sovereign immunity.
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Defended and obtained favorable settlement for electrical engineering contractor in federal court case relating to claims filed by electrical subcontractor involving automobile manufacturing facility. Obtained partial dismissal of subcontractor’s claims under Rule 12 in same.
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Represented statewide energy provider in bankruptcy avoidance action in bankruptcy court, including successful defense against actual and constructive fraudulent transfer allegations brought by litigation trustee.
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Defended and obtained favorable settlement on behalf of bank against UCC presentment warranty claims.
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Argued motion to compel against international bank, overcoming assertions of joint-defense/common-interest privilege and obtaining attorneys’ fees.
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Obtained temporary restraining order, temporary injunction, and permanent injunction on behalf of roofing company against consulting group for unauthorized use of company’s brand, image, and likeness.
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Successfully developed and implemented discovery plans in numerous complex civil litigation cases, including conducting and defending depositions, drafting e-discovery protocols, and document review strategies.
Outside General Counsel
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Represented a professional engineering company in various matters, including construction contract review, labor and employment, and corporate matters.
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Advised AI radiation oncology company on various matters, including intellectual property, formation, and transactional matters.
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Advised construction material suppliers in drafting, reviewing, revising, and negotiating credit agreements, master service agreements, terms and conditions, purchase orders, personal and corporate guarantees, and subcontracts.
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Served as general counsel for political party, including advising on Texas Election Code compliance and election law issues.
Honors
- Named a Top Author in JD Supra's Reader's Choice Awards (2025)
- Named a Rising Star by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly and Texas Super Lawyers magazines (2025 - 2026)
- Selected by his peers for inclusion in The Best Lawyers in America "Ones to Watch" in the fields of Commercial Litigation (2026-2027), Construction Law (2026-2027), Bankruptcy Litigation (2026-2027), Construction Litigation (2026-2027) and Real Estate Litigation(2026-2027)
Organizational Involvement Professional Involvement, Memberships & Affiliations
- State Bar of Texas
- Houston Bar Association, Commercial Law, Construction Law and Bankruptcy Sections
- Houston Young Lawyers Association
- Turnaround Management Association, NextGen Member
Community Involvement, Memberships & Affiliations
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General Counsel, Advisory Board - Harris County Republican Party
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Co-Chair, Houston Chapter – Archer Fellowship Alumni Association
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Founding Member - Houston Public Library Foundation Prologue Society for Young Professionals
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Executive Committee, Litigation Practice Group – The Federalist Society
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Committeeman, National Membership Committee - Maverick PAC
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Baker Institute for Public Policy, Roundtable Young Professionals - Programming Chair (2021 - present)
When I Feel Most At Home
Going on last minute weekend trips with my fiancé. Hanging out at home with my wife and nine-month-old daughter.- Hopelessly cheering on the Dallas Cowboys - "it's our year!"
- Reading Candice Millard's latest book.
- Being involved in the Houston community through various organizations.
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