David D. Peden
J.D., The University of Texas School of Law, 1974
B.B.A., The University of Texas at Austin, 1971
United States District Court Southern District of Texas
United States District Court Western District of Texas
United States Court of Appeals Fifth Circuit
United States Supreme Court
David Peden is a partner in the litigation practice group and heads the construction section of Porter Hedges. He has extensive experience in litigation and arbitration of construction, insurance, surety and commercial issues. His construction law practice focuses on claims; disputes; arbitration and litigation; contract documents; mediation services; commercial, industrial, offshore, multi-family, surety, and residential’ trials and appeals of contractual disputes; trade secrets; supply contracts; deceptive trade practices; and breach of warranty. Mr. Peden frequently represents owners, lenders, general contractors, subcontractors, and design professionals.
Mr. Peden served as Chair of the State Bar of Texas Construction Law Section (2006-07). He 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. He was named the Best Lawyers' 2012 Houston Construction Law "Lawyer of the Year." 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 for inclusion in Texas Super Lawyers in Construction Litigation since 2003 and Super Lawyers Corporate Counsel Edition for the State of Texas in construction litigation since 2009.
After 27 years at Greenberg Peden P.C., Mr. Peden merged his construction law practice with Porter Hedges in 2001.
- Industrial construction experience includes pipelines on and offshore, storage facilities, vessel failures, turbines, jack up rigs, welding, cogen, delays, insurance claims, man power efficiency, and equipment failures.
- 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 three projects, 7,000 exhibits, and 60 witnesses, spread over four 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 Preeminent Rated Attorney
- American Arbitration Association, Member , Panel of Arbitrators, for more than 20 years
- State Bar of Texas, Member of Construction and Litigation Sections (Chair 2006-2007; Vice-Chair 2005-2006; Secretary 2004-2005; Treasurer 2003-2004; Past Council Member)
- Houston Bar Association, Member of Construction and Litigation Sections (Past Chairman)
- American Bar Association, Member of Construction and Litigation Sections (Steering Committee Division 2 1994-1996, 1999-2002)
- Federal Bar Association, Member of Construction and Litigation Sections
- College of the State Bar of Texas; Past Board Member
- Houston Chapter of the Association of General Contractors, Member and has served on the Surety and Bonding Committee, AIA/AGC Joint Committee, Mentor Education Committee, Executive Development Committee and the Advisory Board
- "Ouch! Contracts That Sting, and Who Gets Stung" Porter Hedges Construction Law Program (04/03/13)
- “AIA Contracts Seminar: A201,” Lorman Education Services Seminar (03/21/13)
- “Liquidated Damages – Pros and Cons,” South Central AAAE Annual Conference, Panelist (03/05/13)
- "ROBINSON, DAUBERT, AND MCGINTY V. HENNEN: Update on Experts and Evidence in Construction Cases," 26th Annual Construction Law Conference (02/28/13)
- "2011 New Laws Affecting Construction in Texas," presentation to the HBA Real Estate Section (04/18/12)
- “Summary of Legislation Affecting the Texas Construction Industry,” Associated General Contractors of America (02/15/12)
- "2007 AIA A201 General Conditions Document: 'Conflicts with Texas Law and Other Problems'" (04/16/08)
- "Warranties and Quality Control in Construction" (12/04/07)
- "Construction Contracts from the General Contractor's Perspective" (07/14/07)
- "Liquidated Damages Seminar," AGC/AIA Houston Joint Committee (06/28/06)
- “Recent Changes in Implied and Extended Warranties,” Houston Chapter of Associated General Contractors (05/18/05)
- “Solving Problems with Design-Build Documents in Construction in Texas,” Lorman Education Services Seminar (11/03/04)
- “Girding for Shortages: U.S. Steel Price Crisis,” Associated Builders and Contractors, Inc. (04/28/04)
- “Preparing the Expert Witness,” firm seminar (03/10/04)
- "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 (11/11/03)
- “Arbitration Developments: Defects & Solutions,” reprinted in The Construction Lawyer, Journal of the Forum on the Construction Industry (07/01/02)
- “Calculating Damages for Delay,” 15th Annual Construction Law Conference, San Antonio, Texas (February 2002). (02/01/02)
- "Calculating Damages for Delay," State Bar of Texas Construction Law Section 15th Annual Construction Law Conference (02/2002)
- “Compelling and Resisting Arbitration,” State Bar of Texas, Construction Law Section (01/01/01)