David Peden heads the firm’s Construction Section. He has extensive experience in litigation and arbitration of construction, insurance, surety and commercial issues.

David frequently represents owners, lenders, general contractors, subcontractors, and design professionals in claims; disputes; arbitration and litigation; contract documents; mediation services; commercial, industrial, offshore, multi-family, and surety trials and appeals of contractual disputes; supply contracts; deceptive trade practices; and breach of warranty. His industrial construction experience includes disputes related to pipelines on and offshore, storage facilities, vessel failures, turbines, jack up rigs, cogeneration plants, welding, delays, insurance claims, man power efficiency, and equipment failures. His commercial construction experience includes design and construction defects, extra work and acceleration claims, and multi-party case management and trials.

Honors & Recognitions

Leading lawyer in Construction Law and Construction: Alternative Dispute Resolution, Chambers USA

Recommended Construction Lawyer, The Legal 500, 2010-2019

Listed, Best Lawyers in America, Construction Law, 2004-2018

Named 2012 Houston construction law "Lawyer of the Year," Best Lawyers

Named a leading construction practice lawyer in Texas, Who's Who Legal: Texas, 2008

Listed, Construction Litigation, Texas Super Lawyers, 2003-2018

Listed, Texas Construction Litigation, Super Lawyers Corporate Counsel Edition, 2009-2018

Frequent speaker, State Bar of Texas and Houston Construction Law Sections

Appointed by the State Bar of Texas to the Committee to develop and administer the criteria and testing for Texas Board Certification in construction law, 2016-2017

  • Chambers 2019
  • 2019 Legal 500

Credentials

Education

J.D., University of Texas School of Law, 1974

B.B.A., University of Texas at Austin, 1971

Admissions

Texas Courts

United States District Courts for the Southern and Western Districts of Texas

United States Court of Appeals for the Fifth Circuit

United States Supreme Court

Experience

  • Successfully represented an international construction firm, defeating the owner’s claims before an ICC arbitration panel, wiping out $47 million in claims and recovering $28 million for Westcon for wrongful termination, including attorney’s fees.
  • Represented a Texas city in successfully settling claims against the city's design and construction team consisting of a construction manager, a contractor, and an architectural firm, regarding construction defects and delays affecting a city administrative building (new construction).
  • Represented a Texas county in the successful defense settlement (reduction in contract balance, without litigation or media coverage) of claims for substantial delays and extras on a hospital expansion.
  • Lead counsel in the successful trial of a construction delay and default case for a general contractor involving three projects, 7,000 exhibits, and 62 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.
  • Lead counsel in successfully appealing and gaining reversal of the trial court's denial of demand for arbitration in an alleged fraud case involving a construction project.
  • Represented an offshore engineering company in successfully defending against a design error and omission claim, achieving dismissal on summary judgment.
  • Successfully obtaining dismissal of a geotechnical engineering firm in a case brought by a public owner, which was affirmed on appeal.

Newsroom

News

Speaking Engagements

  • "Construction Lending: The Golden Rule," Porter Hedges Construction Lending Program
    Speaking Engagement, 04.27.2017
  • "Damages in Construction Cases," TSCPA Business Valuation Conference
    Speaking Engagement, 10.20.2016
  • "Mediation and Construction Law - The Industry's Perspective," October ADR Section Breakfast Meeting
    Speaking Engagement, 10.11.2016
  • "Briefing: Construction Project Property Insurance - An Update of the Recommended Practices Publication," Houston Chapters of the American Institute of Architects and Associated General Contractors
    Speaking Engagement, 01.18.2016
  • Speaking Engagement, 10.07.2015

Affiliations

State Bar of Texas, Member and Construction and Litigation Sections Chair 2006-2007; Vice-Chair 2005-2006; Secretary 2004-2005; Treasurer 2003-2004; Past Council Member

American Arbitration Association, Panel of Arbitrators, Member for more than 20 years

Houston Bar Association, Construction and Litigation Sections, Member and former Chair

American Bar Association, Construction and Litigation Sections, Member and Steering Committee Division 2 1994-1996, 1999-2002

Federal Bar Association, Member of Construction and Litigation Sections

College of the State Bar of Texas, former Board Member

Houston Chapter of the Association of General Contractors, Member and service on the AIA/AGC Joint Committee