Carlos Garcia is a litigator who represents and counsels clients on a number of civil litigation matters with an emphasis on surety claims, construction, insurance coverage, bankruptcy, and general commercial matters. He represents sureties, contractors, business clients, and individuals in litigation and non-litigation related matters. His experience includes contract formation, negotiation, and enforcement, litigation, representation before Texas administrative panels, and compliance with federal and state regulations.
After earning a B.S. in Mechanical Engineering, Carlos worked for Caterpillar in Peoria, Illinois and International Truck and Engine Corp. in Garland, Texas. At Caterpillar, he designed and engineered transmissions and transmission components for a variety of earth moving equipment. At International Truck and Engine Corp., Carlos approved driveline configurations for custom truck orders by doing failure analysis on different engine, transmission, drive shaft, and rear axle combinations. He now uses this technical experience to help achieve successful verdicts for his clients.
- Admitted, Texas; U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas.
- Dallas Bar Association, Construction Law Section
- American Bar Association, Tort and Insurance Practice Section, Fidelity & Surety Law Committee (TIPS)
- FSLC Young Professionals Subcommittee, Co-Chair
- Dallas Hispanic Bar Association
- Defense Research Institute
The University of Texas, J.D., 2006
Texas Intellectual Property Law Journal
The University of Notre Dame, B.S., Mechanical Engineering, 2001
The Technical Review, Editor-in-Chief
- Representation of various sureties in disputes involving obligation related to various payment, performance, and bid bonds.
- Representation of various sureties in indemnity actions and established with general collections efforts.
- Representation of various sureties in adversarial bankruptcy proceedings based upon various trust violation theories.
- Representation of governmental entities and residential owners in construction default and fraud cases.
- Successful verdict in bench trials representing material men and subcontractors in construction disputes.
- Successfully achieved summary judgement related to several surety defenses.
- Representation of individuals in connection with licensing and software agreements.
- Representation of a managing website company in contract enforcement litigation.
- Representation of companies in enforcement of noncompete agreements.
- Representation of companies in litigation involving the misappropriation of confidential trade secrets and proprietary information.
- Representation of individuals and businesses with respect to contract claims.
- Representation of businesses regarding claims for failure to pay commissions.
Condemnation & Real Estate
- Representation of multi-state developers in various landlord/tenant disputes.
- Representation of various landlords in various eviction disputes.
- Representation of both condemnors and condemnees in Eminent Domain cases and special commissioners hearing pending throughout Texas.
- Representation of landowners in disputes regarding rights of way and pipeline condemnation cases, and the CREZ wind transmission project.
- Representation landowners and entities in the preparation and negotiation of oil and gas pipeline easements.
- Representation of condemnors in suits against unknown shareholders of defunct corporations.
- Successfully defended condemnation authorities on "right to take" issues.
- Successfully condemned private property on behalf of both governmental entities and private companies for public uses.
- Representation of manufacturers in disputes involving breach of contract, fraud, DTPA, product defects, and mechanics' liens.
- Representation of major flooring manufacturer in suits alleging defective products
- Representation of major fitness equipment manufacturer in suits alleging defective products
- Representation of scaffolding manufacturer in suits alleging defective products.
- Representation of multiple products manufacturers with regard to electrical fires.
- Successfully achieved dismissal with prejudice of plaintiff's claims in suit alleging a defective product against a major flooring manufacturer.
- Favorable defense verdict in Dallas County, Texas jury trial of dispute regarding claims of negligence related to a traffic accident.
- Favorable plaintiff's verdict in Dallas County, Texas bench trial of dispute regarding subrogation claim related to traffic accident.
Mr. Garcia has also helped his clients obtain numerous favorable settlements in matters involving personal injury, complex business disputes, condemnation disputes, and claims of defective products.
PUBLICATIONS Surety & Fidelity Case Law Update, National Bond Claims Association Conference, San Antonio, TX. (October 2013).
Contributor, Gulfcoast Fidelity & Surety Institute Program, Boca Grande, FL. (May 2013).
Texas Surety Claims Handling, Continued Learning Education Presentation, Philadelphia, Pennsylvania (April 2013).
Subrogation Rights Against a Bank: It's Not Just About Priority, Defense Research Institute: For the Defense at 68 (March 2013).
Contributor. Recent Developments in Fidelity and Surety Law, 48.1 Tort Trial & Ins. Prac. L.J. 237 (2012)
Use it or Lose it - Mandatory Requirements for Governmental Entities to Maintain the Power of Eminent Domain, Strasburger Governmental Newsletter (29 Sept. 2011).
Contributor, David A. Anderson, Judicial Tort Reform in Texas, 26 Rev. Litig. 1. (2007)
Carlos is the current President of the School Advisory Council for St. Augustine's Catholic School in Dallas, Texas and he also sits on the school's Business Advisory Council. He is active participant with the Dallas Volunteer Attorney Program providing pro bono legal services for members of the Dallas community and is a member of the Notre Dame Club of Dallas.