James B. Pruden

Representing a range of architects, engineers, and other construction professionals, James thrives on bringing various legal issues to a swift resolution and strongly believes in approaching the practice of law with a focus on client-service and communication. As a Board-Certified Construction Attorney, James represents companies in the defense of professional negligence claims, project disputes, contract negotiation, fee collection disputes, employment issues, and TBAE/TBPE board complaint responses; having worked as primary counsel on hundreds of disputes, ranging from $10,000 to $51,000,000.

In addition to litigation, approximately 40% of James’ practice includes the negotiation of contract documents, including a variety of delivery packages ranging from the traditional design-bid-build to design-build agreements, with extensive AIA, DBIA, and EJCDC experience. As a part of his review process, James works extensively with insurance brokers to ensure appropriate risk coverage, and with various banks and lenders to assist in project closing, primarily by negotiating acceptable language with contingent assignments for financing. As a member of the Texas Construction Bar and a National Allied Member of American Institute of Architects, James is passionate about serving clients within one of the most important sectors of the American Economy.

A Midland native, James graduated cum laude from Texas A&M University with a Bachelor of Science in Economics, and was active in the Corps of Cadets, the Fightin’ Texas Aggie Band, and Student Bonfire. James received his Juris Doctor from Texas Tech University. At home James lives on a small farm, growing a variety of dryland crops, and is passionate about his hobbies, including music, blacksmithing, animal husbandry, gardening, and soap making.
 

• Professional Licenses/ Associations/Honors 
• Licensed Attorney – Texas
• Texas Mediator Certification – Lubbock County Dispute Resolution Center
• State Bar of Texas
• Dallas Bar Association​
• Construction Law Section
• Council Member, 2024 to 2027
• Texas Bar College
• American Institute of Architects
• Allied Member
• Thompson Reuters – Super Lawyers
• Rising Star: 2021, 2022, 2023, and 2024.
• Boy Scouts of America – Eagle Scout.

RECOGNITION

Published Appellate Cases:

• Whitaker v. R2M Engineering, LLC and CP&Y, Inc., 603 S.W.3d 530 (Tex. App. — Amarillo 2020) (Pet. Denied). Acted as primary counsel on behalf of CP&Y, Inc. for briefing and arguments at the Trial Court, Court of Appeals, and Texas Supreme Court. Held that roadway design was not exempt from the Texas Engineering Practice Act, even if certain actions may have been undertaken by non-licensed employees and that Section 150.002(a) of the Texas Civil Practice and Remedies Code applies to a lawsuit brought against an engineering defendant.
• Ronald R. Wagner & Co., LP v. Apex Geoscience, Inc., 560 S.W.3d 407 (Tex. App. — Amarillo 2018) (No Pet.). Acted as primary counsel on behalf of Apex Geoscience, Inc. for briefing and arguments at the Trial Court and Court of Appeals. Held that preparation of an aggregate analysis report was not exempt from the Texas Engineering Practice Act and that Section 150.002(a) of the Texas Civil Practice and Remedies Code applies to a lawsuit brought against an engineering defendant.

Publications and Presentations:

• Objecting to Open Records Requests as a Third Party, Dallas Bar Association Headnotes (Sep 27, 2021). 
• Understanding How Contracts Can Shift, Reduce (or Increase) Risk, Halfmoon Education, Inc. (May 25, 2022).
• Law of Engineering Malpractice, Halfmoon Education, Inc. (August 19, 2021).