David Peden is a partner in the litigation section of Porter & Hedges and has extensive experience in litigation and arbitration of construction, insurance, surety and commercial issues. He serves as the Chair of the State Bar of Texas, Construction Law Section (2006-2007).  Mr. Peden is listed as one of America's leading lawyers in construction law by Chambers USA, and has been listed in The Best Lawyers in America, Construction Law, since 2004. Mr. Peden was also named one of the state's leading lawyers in the Construction practice area by Who's Who Legal: Texas 2008. He has been selected as a “Texas Super Lawyer” in Construction Litigation in surveys conducted by Texas Monthly since 2003.  After 27 years at Greenberg Peden P.C., Mr. Peden merged his construction law practice with Porter & Hedges in 2001.

Construction Law: 

• Claims
• Disputes
• Arbitration and litigation
• Contract documents
• Mediation services
• Commercial, industrial, offshore, multi-family, surety, residential
• Trials and appeals of contractual disputes
• Trade secrets
• Supply contracts
• Deceptive trade practices
• Breach of warranty

Representative Experience

Mr. Peden frequently represents general contractors, subcontractors, design professionals, and owners.

• Successful prosecution settlement of claims on behalf of a city near Houston against the city's design and construction team consisting of a construction manager, a contractor, and an architectural firm relating to construction defects and delays affecting a city administrative building (new construction).
• Successful defense settlement (reduction in contract balance, without litigation or media coverage) of claims on behalf of a county near Harris County for substantial delays and extras on a hospital expansion.
• Successful trial of a construction delay and default case involving 3 projects, 7,000 exhibits, and 60 witnesses, spread over 4 months in federal court. Obtained a multi-million dollar punitive damage award to complement an actual damages and attorneys fees award, from a defensive, counter-claim position.
• Successful appeal and reversal of trial court's denial of demand for arbitration in alleged fraud case involving a construction project.
• Successful defense of offshore engineering company, dismissal on summary judgment of design error and omission claim.
• Design and construction contract document preparation for $100MM projects in California, Florida and Texas.

Professional / Civic Affiliations

• Martindale Hubbell AV Rated Attorney
• Member of the panel of arbitrators of the American Arbitration Association
• Member of the Construction and Litigation Sections of the Federal, American, Texas and Houston Bar Associations:
• Mr. Peden is the 2006-2007 Chair of the State Bar of Texas Construction Law Section and also served as its 2005-2006 Vice-Chair, 2004-2005 Secretary, 2003-2004 Treasurer, and as a past council member.  Mr. Peden is a Life Fellow of the Texas Bar Foundation and past Board member of the College of the State Bar of Texas.  He served as Chairman of the Houston Bar Association's Construction Law Section.
• From 1994 to 1996 and from 1999 to 2002, Mr. Peden served on the Steering Committee Division 2 of the American Bar Association's Forum on Construction Law (the Committee consists of ABA representatives to interface with the AIA and EJCDC representatives at the national level regarding contract document revisions).
• Member of the Houston Chapter of the Association of General Contractors and has served on the Surety and Bonding Committee, AIA/AGC Joint Committee, Mentor Education Committee and Executive Development Committee. He was a member of the Joint Task Force, AIA/AGC, a member of the Advisory Board from 1994-1996 and Secretary to the Advisory Board from 1995-1996.

News

• Firm Receives Chambers USA Recognition (6/11/2008)
• Seventy percent of Porter & Hedges' Attorneys Named as 2007 Texas Super Lawyers (9/17/2007)
• Porter & Hedges Receives Chambers USA Recognition (6/28/2007)
• 27 Porter & Hedges' Attorneys Named as 2006 Texas Super Lawyers (9/25/2006)
• 14 Porter & Hedges' Attorneys Named as Best Lawyers in America for 2007 (9/5/2006)
• David Peden Elected Chair of State Bar of Texas Construction Law Section (6/27/2006)
• Recent Porter & Hedges Leadership Appointments (4/27/2006)
• Seventy Percent of Porter & Hedges' Partners Selected as Super Lawyers (10/1/2005)
• Fifty Percent of Porter & Hedges' Partners Selected as Super Lawyers in 2003 Survey (11/1/2003)

Publications

• Recent Changes In Implied And Extended Warranties (10/1/2003)
• Arbitration Developments: Defects & Solutions (7/1/2002)
• Arbitration Developments: Defects and Solutions (4/1/2002)
• “Calculating Damages for Delay,” State Bar of Texas Construction Law Section 15th Annual Construction Law Conference (February 2002). (2/1/2002)
• “Texas Mechanic’s Lien and Bond Claim Law - The Construction Lien,” Lorman Education Services (10/1/1999)
• “Texas Mechanic’s Lien and Bond Claim Law - The Construction Lien,” Lorman Education Services (8/1/1998)
• “Texas Mechanic’s Lien and Bond Claim Law: The Construction Lien,” Lorman Education Services (8/1/1997)

Events

• "2007 AIA A201 General Conditions Document: "Conflicts with Texas Law and Other Problems," presented to the Houston Bar Association Construction Law and Real Estate Law Joint Luncheon (4/16/2008)
• "2007 AIA A201 General Conditions Document: Conflicts with Texas Law and Other Problems," (12/5/2007)
• "2007 AIA A201 General Conditions Document: Conflicts with Texas Law and Other Problems," (12/4/2007)
• "Warranties and Quality Control in Construction," Houston Chapter AGC (12/4/2007)
• "Construction Contracts from the General Contractor's Perspective," State Bar of Texas Real Estate Course, San Antonio (7/14/2007)
• "Liquidated Damages Seminar," AGC/AIA Houston Joint Committee (6/28/2006)
• “1997 AIA A201 General Conditions Document; Conflicts with Texas Law and Other Problems,” Houston Chapter of Associated General Contractors (5/19/2005)
• "Warranties and Quality Control in Construction,” Houston Chapter of Associated General Contractors (5/18/2005)
• “Recent Changes in Implied and Extended Warranties,” Houston Chapter of Associated General Contractors (5/18/2005)
• “Solving Problems with Design-Build Documents in Construction in Texas,” Lorman Education Services Seminar (11/3/2004)
• “Warranties and Quality Control in Construction,” University of Texas Construction Law Conference (10/22/2004)
• “Recent Changes in Implied and Extended Warranties,” Associated General Contractors (5/14/2004)
• “Girding for Shortages: U.S. Steel Price Crisis,” Associated Builders and Contractors, Inc. (4/28/2004)
• “1997 AIA A201 General Conditions Document Conflicts with Texas Law and Other Problems,” Houston Bar Association Construction Law Section Luncheon (3/18/2004)
• “Preparing the Expert Witness,” firm seminar (3/10/2004)
• “Top Five Construction Landmines and How to Avoid Them,” Construction and Real Estate Executives’ Breakfast, firm seminar (12/3/2003)
• “Top Five Construction Landmines and How to Avoid Them,” and “The Pitfalls of Using Standard AIA Forms,” Construction and Real Estate: Latest Industry Trends, Challenges and Tips, firm seminar (11/11/2003)
• “Recent Changes in Implied and Extended Warranties,” Cornerstone, Houston Chapter of Associated General Contractors of America, Inc. (10/1/2003)
• “Survey of Implied Warranties in Construction,” 25th Annual Advanced Real Estate Law Conference, State Bar of Texas (7/12/2003)
• “Survey of Implied Warranties in Construction,” and “Texas Indemnity Law,” Porter & Hedges seminar (4/16/2003)
• “Survey of Implied Warranties in Texas Construction,” 16th Annual Construction Law Conference, Construction Law Section of the State Bar of Texas (3/7/2003)
• “Arbitration Developments: Defects & Solutions,” reprinted in The Construction Lawyer, Journal of the Forum on the Construction Industry (7/1/2002)
• “Texas Lien Claims: Notice & Filing Deadlines (Private Property, Non-Residential),” Houston Chapter of the Construction Financial Management Association (6/26/2002)
• “Selected Aspects of Residential Construction Contracts,” Annual Real Estate Law Conference, South Texas College of Law (5/1/2002)
• “Arbitration Developments: Defects & Solutions,” American Bar Association Forum on the Construction Industry, San Francisco, California (4/1/2002)
• “Calculating Damages for Delay,” 15th Annual Construction Law Conference, San Antonio, Texas (2/1/2002)
• “Compelling and Resisting Arbitration,” State Bar of Texas, Construction Law Section (1/1/2001)
• “The Arbitration Decision,” Houston Bar Association, Consumer Law Section (1/1/2001)
• “1997 AIA A201 General Conditions Document Conflicts with Texas Law and Other Problems,” Houston Real Estate Lawyers Council (4/1/1999)
• “1997 AIA A201 General Conditions Document Conflicts with Texas Law and Other Problems,” Houston Bar Association, Construction Law Section (10/1/1998)
• “1997 AIA A201 General Conditions Document Conflicts with Texas Law and Other Problems,” State Bar of Texas, Construction Law Section (6/1/1998)
• “1997 AIA A201 General Conditions Document Conflicts with Texas Law and Other Problems,” State Bar of Texas, Construction Law Section (5/1/1998)
• “The New A201 General Conditions Document from the AIA (1997),” Mechanical Contractors Association (3/1/1998)
• “Construction Claims Law,” Construction Management Seminar (3/1/1998)
• “The New A201 General Conditions Document from the AIA (1997),” American Concrete Institute - Houston Chapter (3/1/1998)
• “Design-Build Joint Venture Agreements, Problems and Solutions,” State Bar of Texas (2/1/1997)
• “Construction Contracts for Residential Builders,” Houston Area Custom Home Builders (8/1/1996)
• “Bidding Procedures and Irregularities in Bidding,” Houston American Institute of Architects and American General Contractors Joint Meeting (5/1/1996)
• “Attention! The New Generals Are Advancing,” State Bar of Texas (2/1/1996)
• “Joint Venture Agreements,” American Bar Association (4/1/1995)
• “The Bid Opening Award, Recommended Construction Practices,” American Institute of Architects and American General Contractors Seminar (4/1/1995)
• “Bid Protests on State and Local Projects,” State Bar of Texas (2/1/1995)
• “Employee Leasing Arrangements—Food for Thought for Bonding Companies,” Houston Bar Association (1/1/1995)
• “Recent Changes in the McGregor Act (Texas Miller Act),” Greenberg, Peden, Siegmyer & Oshman, P.C. (1/1/1994)
• “Recent Changes in the McGregor Act (Texas Miller Act),” Houston American General Contractors’ Newsletter (1/1/1994)
• “Comparison of AIA Document A201 General Conditions to Current Texas Law,” American Institute of Architects and American General Contractors Joint Committee (1/1/1994)
• “Comparison of AIA Document A312 Payment and Performance Bonds to Current Texas Law,” American Institute of Architects and American General Contractors Joint Committee (1/1/1993)
• “Problems with Joint Check Agreements,” American General Contractors Seminar (1/1/1992)
• “Joint Check Agreements, Set Aside Letters and Selected Tri-Party Contracts—Problems and Pitfalls,” Houston Bar Association (1/1/1992)
• “Conflicts Between Surety Bonds and State Statutes of Limitation,” Regional Surety Meeting (1/1/1990)
• MBE/DBE participation in Metro Construction Projects (1/1/1988)
• “The Arbitration/Litigation Puzzle,” Houston Bar Association (1/1/1988)
• “Subcontractor Selection and Qualification,” American General Contractors (1/1/1984)