W. Garrett Hicks

Garrett is a skilled construction attorney with substantial experience advising clients through all phases of commercial development and construction. He routinely drafts and negotiates complex design, construction, and development agreements, including those for large-scale industrial facilities, commercial developments, and public infrastructure projects. Garrett regularly serves as project counsel on major public projects, providing ongoing legal guidance from procurement through closeout, with a focus on contract administration, claims avoidance, and resolution of issues as they arise in the field. His clients include public and private owners, developers, general contractors, subcontractors, and design professionals. Garrett is known for his ability to anticipate risks and structure contracts that protect his clients’ interests, particularly in the areas of insurance, indemnity, and risk allocation.

In addition to his transactional practice, Garrett is an accomplished civil trial attorney with a proven record of favorable results in state and federal courts. He has secured numerous dismissals and summary judgments in disputes involving breach of contract, construction defects, delay claims, mechanic’s liens, bond claims, and professional liability. His representative clients include commercial businesses, individuals, churches, non-profit organizations, and licensed professionals.

Prior to joining his current firm, Garrett was a shareholder at Munsch Hardt Kopf & Harr, P.C., where he was a member of the firm’s Construction Practice Group. He earned his J.D., cum laude, from Baylor University School of Law, where he served on the Baylor Law Review and was inducted into the Order of Barristers. During law school, he also served as a judicial intern to the Honorable Magistrate Judge Jeffrey C. Manske of the United States District Court for the Western District of Texas. Garrett received his B.A. from the University of Texas at Austin.

Community & Professional

• Austin Bar Association
• Austin Young Lawyers Association

Outside Maynard Nexsen

Garrett enjoys fly-fishing, cheering on the Texas Longhorns, and spending time with his two children.

• Advising a private real estate development firm in connection with a $1 billion project involving the expansion of the Broward County Convention Center and the development of a new headquarters hotel in Broward County, Florida. The hotel, designed to meet Four Diamond AAA brand standards and operated by Omni Hotels, will feature approximately 800 guest rooms, 580 structured parking spaces, and a full suite of amenities, including ballrooms, meeting and conference spaces, a pool, spa and fitness center, on-site restaurants, and retail establishments. The project is being delivered pursuant to a ground lease structure with the operating entity.
• Serving as Special Counsel to a financial participant water authority in connection with the Northeast Water Purification Plant Expansion Project, a multi-phase, design-build infrastructure initiative. The project is designed to produce up to 320 million gallons of potable water per day and is currently estimated at a total cost of approximately $1.7+ billion. Representation includes advising on procurement strategy, contract structuring, and risk allocation related to the design and construction of the facility.
• Serving as Special Counsel to two public entities on the Surface Water Supply Project, a major water infrastructure initiative designed to support the Northeast Water Purification Plant Expansion. The project entails the installation of approximately 40 miles of large-diameter water transmission pipeline (ranging from 80 to 96 inches), including nearly 10 miles of tunneled segments, traversing the northern corridor of Houston, Texas. Once complete, the system will deliver over 200 million gallons of water per day to West Houston. The project has an estimated total cost of approximately $1 billion and involves ongoing legal support related to design, construction, and procurement matters.
• Drafted and negotiated the design, construction, and construction management agreements for the development of a new Arts Enrichment and Physical Education Building valued at over $40 million for a private school in Houston, Texas. Representation included advising on project delivery structure, contract negotiation, risk allocation, and alignment of design and construction timelines.

• Successfully negotiated a dispute on behalf of a high-end residential builder against the subcontractor.

• Defends general contractors, subcontractors, architects, and engineers in construction and design defect suits.

• Defended a target subcontractor in a construction/design defect suit filed by a school district involving an $11 million property with allegations of water penetration and structural deficiencies.

• Drafted a successful summary judgment motion in a case where a property owner alleged that the defendant diverted the natural flow of diffuse surface water, resulting in more than $1 million in property damage.

• Successfully defended a prime contractor against construction defect claims involving amenity centers and pools in a major north Austin development.

• Defended an architect of record for a public hospital against design and wrongful-death claims.

• Prosecuted construction defect claims involving $1+ million in damages related to water intrusion on behalf of a high-end condominium.

• Obtained a dismissal for a professional design and engineering firm in a lawsuit involving the allegation that a rollercoaster was defectively designed.

• Obtained a dismissal for a structural engineering firm against negligence claims involving a plaintiff who fell from a cliff abutting a green on “the Most Beautiful Par 3 in Texas.”

• Drafted multiple, successful dismissal motions on behalf of national non-profit organizations, housing corporations, executive directors, unincorporated chapters, volunteers, and members.

Recognition

• Woodward/White, Inc. - Best Lawyers: Ones to Watch, Construction Law (2023-2025)