Benjamin Warden
Senior Associate
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Phone: +1 214 257 7253
- Duane Morris LLP
100 Crescent Court, Suite 1200
Dallas, TX 75201
USA - Duane Morris LLP
300 Throckmorton Street, Suite 1650
Fort Worth, TX 76102-2935
USA
Benjamin Warden is an advisor and problem solver whose practice centers around complex commercial litigation, with a focus on counseling companies in every facet of the construction industry. Ben represents owners, developers, general contractors, subcontractors, and design professionals in both public and private projects, including one of the largest, nationwide civil engineering and architecture firms.
While Ben’s primary focus is litigating and arbitrating disputes on large-scale construction projects, he is also heavily involved in the negotiation and preparation of construction and design contracts, including AIA, Consensus, and EPC agreements. Ben’s clients build hospitals, airports, multi-family and mixed use developments, highways, waterways, public infrastructure, natural gas and energy plants, and industrial parks and warehouses, to name a few.
Aside from construction, Ben maintains a robust creditor’s rights practice and routinely advocates for companies owed money on deals gone wrong. Ben regularly appears in Texas Bankruptcy Proceedings to challenge bankruptcy relief and protect clients’ rights to money owed. Ben also represents companies in the oil and gas, finance, banking, and retail industries.
Ben has successfully represented his clients across the country in state and federal court, and before tribunals of arbitrators—successfully trying multiple cases to jury verdict and final awards in arbitration.
Ben appreciates the distinction but equal importance of his role as a counselor vs. advocate, and works closely with clients to help them make informed business decisions about legal costs and the potential risks and recovery of litigation. Ben aggressively prosecutes and zealously defends his clients’ interests, be it through settlement or at trial.
Ben has been named as a Best Lawyer, Ones to Watch every year since 2022 and a Super Lawyer by Thompson Reuters since 2023. Ben also serves as the Chair of the Tarrant County Bar Association and in his free time enjoys traveling the world to ski.
Admissions
- Texas
Education
- University of Oklahoma College of Law, J.D., 2019
- Articles Editor, Oil and Gas, Natural Resources, and Energy Journal (ONE-J) - Oklahoma State University, B.S., 2016
Experience
- Duane Morris LLP
- Senior Associate, 2025-present
- Associate, 2023-2024 - Slates Harwell LLP
- Associate, 2021-2023 - Griffith Davison PC
- Associate, 2019-2021
Professional Activities
- Tarrant County Construction Law Section
- Chair - Dallas Association of Young Lawyers
- Leadership Class and Bolton Ball Committee Member - TEXO, the Construction Association
- Member, Young Constructors Council - Dallas Bar Association-
- Construction Section
- Business Law Section
Honors and Awards
- Selected to Super Lawyers Rising Stars, 2025
Named to Best Lawyers "Ones to Watch," 2023-2025
Civic and Charitable Activities
President, OSU North Texas Alumni Association
- Dallas Bar Home Association Project
- Volunteer, Habitat for Humanity, 2019-2022 Member, OSU Brighter Orange Committee
Representative Matters
Settled dispute ahead of trial for less than .5% of owner’s $28 million demand—and $0 out of pocket for client general contractor—regarding claims for construction defects at apartment complex.
Settled case on eve of trial for client general contractor in 25 party defect dispute where client paid $0 out of pocket when faced with over $10 million in defect damages.
Secured a summary judgment defense victory for solar engineer client against general contractor under EPC agreement. GC awarded $0 on its claims after seeking $9.5 million for alleged breach of contract.
Secured a defense victory with damage and attorney fee award after two-week arbitration for general contractor client against subcontractor who delayed progress on heavy highway project.
- Successfully defended homebuilder against lender in two-week jury trial regarding breach of contract.
- Secured full overhead and profit award for general contractor client against owner of project after owner wrongfully terminated GC before project ever began to save costs with client’s cheaper competitor.
- Successfully prosecuted claims for client homeowner against insurance company acting in bad faith after client experienced total loss of their home.
- Obtained successful settlement terms for homebuilder and interior designer clients after weeklong jury trial against homeowner alleging breach of contract and construction defects.
- Collected millions of dollars for client engineer from owners and contractors who wrongfully refused to pay client’s full contract balances.
Secured “take-nothing” summary judgment award against purchaser seeking $10 million from client from purchase of auto-lease portfolio.
- Collected upon numerous unpaid contract balances for client who processed billing for service providers.
- Successfully defended against claims of copyright infringement from unscrupulous photographer.
- Defended client’s rights to maintain trademark name against out-of-state companies seeking to utilize trademark as they expand into Texas.