David Peden

Practice Areas

David 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.

Professional Memberships

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; Frequent Speaker

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

Glendower Court Homeowners Association, President

American College of Construction Lawyers, Fellow

Texas Bar Foundation, Life Fellow

Publications

"Texas Supreme Court: Attorney-Client Privilege Protects Communications with Employee-Experts"

02.20.2019

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of Construction Products"

06.28.2016

Construction Alert: "Personal Liability for Fraudulent Pay Applications"

11.16.2015

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 multimillion-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.

Education

Awards