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David Toney

Partner
Construction Team Leader
Litigation
  • P 713.652.5151
    F 713.652.5152

David Toney joined Adams and Reese in 2008 to help lead the Houston office’s Construction and Real Estate Litigation practice. In 2013, he was named Team Leader for the firm’s Construction Team. He practices primarily in the areas of construction disputes, commercial litigation, products liability, personal injury defense and toxic tort litigation.

David was elected President for 2011 for the Houston Bar Association's Construction Law Section after serving as that section's President-Elect for 2010, Secretary/Treasurer for 2009, and on its council in 2007 and 2008.

His broad experience in business and commercial litigation, as well as construction and real estate litigation includes complex, multi-party commercial and residential construction disputes concerning construction and design defects, product failure and warranty claims. David has been named among the Texas Super Lawyers® since 2012, following his selection to Texas Rising Stars® from 2008-2011, which both recognize Texas attorneys based on peer evaluations. David is also ranked among Best Lawyers® in Construction Law.

His significant contributions include:

  • Successful defense of an international product manufacturer in a products defect and catastrophic injury case involving product recall, design and manufacturing defects, as well as rebutted claims that the company had a financial and economic incentive to make certain product-related decisions which allegedly contributed to cause the defect, accident and injuries.
  • Recently successfully defended a Design-Build Contractor in a two-week final arbitration hearing against claims exceeding eight figures arising out of the design and construction of a large industrial warehouse project; and
  • Served as lead trial counsel for international electrical products manufacturer in a week-long trial of breach of warranty and property damage claims that resulted in a verdict favorable to David's client.
  • Providing counsel for products manufacturers in connection with the negotiation of supply agreements, contracts, product literature and warranties to ensure appropriate risk shifting, avoidance and management of claims and cases.
  • Arbitrating to a favorable client outcome an eight-figure contract dispute and product defect case regarding the construction of a hotel, including claims of product defect, breach of warranty and negligence.
  • Complete defense victory following a weeklong trial which resulted in a take-nothing judgment for a grocery store owner related to catastrophic injury claims made by a customer. It was the first customer jury trial for this company in over 10 years in Houston.
  • Represented a manufacturing company in a week-long arbitration and achieved a favorable ruling that included recovery of our client’s legal fees and expenses.

David was selected in 2006 as one of the Top Professionals on the Fast Track by H-Texas Magazine®. The magazine gathered ballots from professionals in Houston in areas as diverse as law, medicine, technology, business and hospitality. David also speaks and authors articles on a variety of topics concerning the chemical, oil and gas and construction industries. He presented to the Fenestration Manufacturers Association at its Spring and Fall 2007 and 2008 Conferences, and Spring 2009 and 2010 meetings on legal issues of relevance to the door and window industries. He also routinely presents webinars and in-house presentations on topics of interest to companies, industry and trade groups, most recently for the Air Conditioning Contractors of America.

In his free time, David is an avid sports fan and participant. He continues to play competitive tennis, including tournaments and leagues, after playing junior and college tennis. He and his wife have won the statewide husband-wife doubles title on three separate occasions. They stay busy with their two sons and David coaches several little league sports.