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
Chambers USA, Leading Lawyer in Construction Law and Construction: Alternative Dispute Resolution (Texas)
The Legal 500, Recommended Lawyer in Construction Law
Best Lawyers in America, Construction Law, 2004-2020
Best Lawyers in America, "Lawyer of the Year" in Houston Construction Law, 2012
Who's Who Legal: Texas, Construction Law, Leading Practitioner, 2008
Texas Super Lawyers, Construction Litigation, 2003-2019
Super Lawyers Corporate Counsel Edition, Texas Construction Litigation, 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
J.D., University of Texas School of Law, 1974
B.B.A., University of Texas at Austin, 1971
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
- 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.
- The Legal 500 Ranks Porter Hedges Among the Leading Firms in the Country for Oil & Gas and Construction in 2020Firm News, 06.10.2020
- Firm News, 04.23.2020
- Recognition, 09.03.2019
- Recognition, 08.15.2019
- Firm News, 07.10.2019
- The Legal 500 Ranks Porter Hedges Among the Leading Firms in the Country for Oil & Gas and ConstructionRecognition, 06.06.2019
- Firm News, 05.01.2019
- Recognition, 09.07.2018
- Firm News, 08.15.2018
- Porter Hedges Defeats a $47M Construction Claim and Wins a $28M International Arbitration Award in Texas for Bilfinger Westcon Against Austria’s voestalpineFirm News, 07.19.2018
- Firm News, 05.04.2018
- Firm News, 09.05.2017
- Firm News, 08.15.2017
- Firm News, 05.26.2017
- Firm News, 04.06.2017
- Firm News, 09.06.2016
- Firm News, 08.15.2016
- Firm News, 06.17.2016
- Firm News, 05.27.2016
- Firm News, 09.08.2015
- Firm News, 08.17.2015
- Firm News, 06.03.2015
- Firm News, 05.20.2015
- Firm News, 05.19.2015
- Firm News, 01.27.2015
- Firm News, 11.05.2014
- Media Mention, 05.08.2019
- Media Mention, 02.26.2019
- Media Mention, 07.20.2018
- Media Mention, 07.19.2018
- Publication, 02.20.2019
- Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of Construction Products"Publication, 06.28.2016
- Publication, 11.16.2015
- "Construction Lending: The Golden Rule," Porter Hedges Construction Lending ProgramSpeaking Engagement, 04.27.2017
- "Damages in Construction Cases," TSCPA Business Valuation ConferenceSpeaking Engagement, 10.20.2016
- "Mediation and Construction Law - The Industry's Perspective," October ADR Section Breakfast MeetingSpeaking 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 ContractorsSpeaking Engagement, 01.18.2016
- Speaking Engagement, 10.07.2015
- Texas Construction Law Blog, 03.26.2020
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