Ben Aderholt

Ben L. Aderholt

Member

1300 Post Oak Blvd. Suite 2000
Houston, Texas 77056
T: (713) 986-7000
F: (713) 986-7100

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With over 40 years of experience, Ben's practice is primarily commercial transactions and litigation in the construction industry.

Area of Practice
Recent News
Representative Experience
  • Tried and won case presenting issue of how to value business assets in bankruptcy reorganizations to U.S. Supreme Court (1997)
  • Tried and won preference defense in bankruptcy (North Carolina, Texas and New York) and in 5th Circuit (2006).
Related Employment
  • Member of Looper, Reed & McGraw (2002 - Present)
  • Partner in Chamberlain, Hrdlicka, White, Williams & Martin (1996-2002).
  • Equity Shareholder in Hirsch, Robinson, Sheiness & Glover (1991-1996).
  • Board of Directors of Anbico, Inc. - a commercial real estate, farming and ranching business (1994- ).
  • Associated with law firm of Patterson, McDaniel & Boyd in Houston, Texas (1973), became partner in Patterson, Boyd, Lowery & Aderholt in Houston, Texas (1977-91).
  • Associated with law firm of Tipton & Bishop in Houston, Texas (1969-73).
  • Taught American Government at San Marcos Academy, San Marcos, Texas (1967); at Marine Military Academy, Harlingen, Texas (1968) and at Edinburg I.S.D. (1964).
  • Adjunct Professor, University of Houston College of Business (2000 -  ).
Professional Activities, Memberships & Affiliations

State Bar of Texas:

  • Elected Director, State Bar of Texas (1992-95).
  • Elected to Governing Council, Construction Section (2002-2005).
  • Appointed to Editorial Board, Texas Bar Journal (1992, 2010- ).
  • Appointed Member, Pattern Jury Charge Committee (1995-96).
  • Appointed Member, Special Committee on Lawyer Advertising Rules (1993).
  • Appointed Member, Audit & Finance Committee (1993-94).
  • Appointed Member, General Counsel Advisory Committee (1993‑94).
  • Appointed Chairman, Grant Review Committee (1994-95) (Member 1993-94).
  • Appointed Chairman, Directors' Orientation (1993-94).
  • Appointed Member, Legislation Committee (1992-93).
  • Appointed Member, Oversight Committee for Correctional Services (1992-93).
  • Appointed Member, Administrative Advisory Committee (1992-93).
  • Appointed Member, Public Education Committee (1992-93).
  • Appointed Board Advisor to Pattern Jury Charge Committees (1994-95), to International Law Section (1992-93), to Disciplinary Review Committee (1993-94) and to Construction Law Section (1993-95).
  • Appointed Member, Judicial Selection, Compensation and Tenure Committee (1982‑86).
  • Appointed Member, Professional Development Committee and to Policy Manual Committee (1994‑95).
  • Elected to Governing Council, Consumer Law Section (1979‑82).
  • Elected Fellow, Texas Bar Foundation (1988).
  • Elected to Editorial Board, Construction Law Journal, South Texas Law School/State Bar of Texas (2002-)

Houston Bar Association:

  • Elected President (1991-92). The president has oversight responsibilities for an annual budget of $3 million, 44 standing committees and 17 substantive law sections.  The Association has 10,000 lawyers practicing in the fourth largest city in the nation.  Elected President-Elect (1990-91);            First Vice President (1989‑90); Second Vice President (1988-89); Treasurer (1985‑86); Director (1983‑85 and 1986‑88); Association received American Bar Association's Public Service Award (1992).
  • Elected Fellow, Houston Bar Foundation (1986) and served on Board of Directors (Ex officio) 1991-92.
  • Member Editorial Board, Houston Lawyer (1988-90), a quarterly publication of the Association.
  • Elected Chairman, Consumer Law Section (1979).
  • Appointed Member, Continuing Legal Education Committee (1973‑91, 1997-98) and Chairman of Institutes (1982‑83).

Judicial Activities:

  • Municipal judge in a court of general jurisdiction, conducting jury and bench trials concerning health, juvenile, traffic, and mental health codes and serving as magistrate to issue warrants.  Appointed by Mayors Whitmire and Lanier for part-time assignment for four terms with unanimous vote of Houston City Council (1987-95).
  • Appointed Special Commissioner for Harris County Condemnation Court proceedings (1984).
  • Certificate from American Academy of Judicial Education, Harvard Law School (1988).
  • Member, American Judges Association (1989‑95).
Community Involvement, Memberships & Affiliations

International Activities:

  • World Trade Supervisory Board of Greater Houston Partnership (2009 - Present).
  • Mayor of Houston's International Affairs & Development Council (2009 - Present); Elected Chair (2010 - 2011).
  • Awarded Rotary International's Global Service to Humanity Award (2009).
  • Member, International Institute of Education (since 1978).
  • Member, Houston Bar International Law Section (since 1975).
  • Member, Texas State Bar International Law Section (since 1975).
  • Graduate studies, University of Witwatersrand (1969).
  • Exchange law student, Guanajuato Law School, Mexico (Spring 1967).
  • Headed inaugural delegation of attorneys to Monterrey, Mexico to found Lawyers Exchange Houston-Monterrey beginning in 1992

Community Activities:

  • Board of Trustees, Southwestern University, and President of Alumni Association (1978-80).
  • Vice President - Memorial Mustang Booster Club (1995-96).
  • Board of Trustees of Montessori School of the Woods in Houston, Texas (1974-80).
  • President of Memorial Trails Civic Club in Houston, Texas (1976).
  • Taught "Geo-Politics of Southern Africa" at Mini-University (for educators in H.I.S.D.) in Houston, Texas (1974).
  • Advisory Board of Child Advocates, Inc. (1995-1997 ).
  • Houston City Ethics Committee, appointed with confirmation by City Council (1992).
  • "Hands Helping Houston" Finance Committee, assistance for urban poor (1987-88).
  • President of Bay Bend Club of Carancahua Bay (2006-2011)
  • President of Dispute Resolution Center, Inc. (1990-91); a corporation which contracts with Harris County to provide court annexed, community based and citizen mediation services with 12 intake centers in the county.
  • Member, Rotary Club (Downtown Houston) (1991-1999).
  • Member, Police Advisory Committee, a panel of city leaders, appointees of the Mayor and Police Chief of Houston and approved by City Council, to discuss community issues and make recommendations to the City of Houston (1991-92).
  • Consumer Credit Counseling Service, Advisory Board of Directors (1988-1993).
  • A. A. White Dispute Resolution Institute, member of Board of Directors (1992).
  • Member, National Eagle Scouts Association, Sam Houston Council, Texas.
  • President, Woodland Hollow Owners, Inc. (1995-2007).

Personal Activites:

  • Studied pipe organ; piano study under "Red" Camp at Del Mar College, Corpus Christi, Texas(1958-60).
  • Studied western fiddle under David Perkins in Houston, Texas (1982-84). 
  • Born September 8, 1942 in San Antonio, Texas and attended primary and secondary schools in Corpus Christi, Texas.  Married Beverly Bigham of Lubbock, Texas and has a daughter, Sarah, who is a physician in Connecticut (and her son, Max and daughter, Isabella); and a son, Steven who is an engineer in Salt Lake City.
Publications & Speeches
  • Co-Author, "Annual  Survey of Texas Construction Law"  Vol 74 Texas Bar Journal 25 (2011) published by the State Bar of Texas.
  • Author, "Annual Survey of Texas Construction Law", Vol. 74 Texas Bar Journal 25  (2011) published by State Bar of Texas.
  • Author, "Texas Supreme Court Confirms Rights of Subcontractors", 17 Texas Construction No. 10 p. 58, published by McGraw-Hill (2009).
  • Author, "Firming Up Playing Field For Subcontractors", Modern Contractor Solutions, p. 34 (October 2009), Highlands Publications.
  • Author, "Prompt Pay Acts: What Do They Do", 5 Construction Law Journal 20 (2007) published by State Bar of Texas and South Texas College of Law.
  • Author, "Construction Contractors Defenses to Preference Actions in Bankruptcy", 2 Construction Law Journal 5 (2005) published by State Bar of Texas and South Texas College of Law.
  • Author, "Retention of Control and Resulting Liability in Texas Construction," 1 Construction Law Journal 33 (2003) published by State Bar of Texas and South Texas College of Law.
  • Author, "U.S. Supreme Court Decides How To Value Collateral in Business Reorganizations", 34 Texas Journal of Business Law 3 (1998).
  • Author, "How To Value Collateral in Bankruptcy" 1997 Norton Bankruptcy Law page 11 (1997).
  • Author, "Puzzling Out Valuations of Assets" 12 Texas Lawyer 37 No. 46 (1997).
  • Contributing author, Creditor's Rights in Texas (2d Ed. 1981) and Forms Manual, published by State Bar of Texas.
  • Author, "New Texas Venue Statutes and Rules," 21 Houston Lawyer 32 (May 1984).

Presentation of papers on:

  • Subcontractor's Alternative Rights in Construction - Houston Bar Association Seminar (2010).
  • The Exclusivity Theory And Public Projects - Houston Bar Association Construction Law Section (2009).
  • When is a Contractor Liable for Injury to a Subcontractor's Employee - State Bar of Texas Construction Law Conference, Dallas (2003).
  • Advanced Business Bankruptcy - State Bar of Texas, course director, May 2000.
  • Enforcing International Arbitral Awards and Judgments - University of Texas Law School - Advanced International Institute, Dallas (1999).
  • U.S. Supreme Court's Rule on Valuing Business Assets - Houston Bar Association and Bankruptcy Bar Association (1997).
  • Valuations - Rash III, State Bar of Texas Advanced Business Law Institute (1997).
  • Securing Assets and Enforcing Judgments Abroad, University of Texas Law School Advanced International Institute (1996), Dallas.
  • Legal Issues in Construction Cases, Lorman Education Services, Houston (1996 and 1997).
  • Construction Bond Claims and Litigation, Houston Bar Association Seminar (1995).
  • Bad Faith Claims Against Sureties, South Texas College of Law Institute (1993).
  • McGregor Act Sureties and Bad Faith, University of Texas Law School, Annual Construction Law Institute (1993).
  • Enforcing Foreign Country Judgments, Lawyers Exchange Seminar in Monterrey, Mexico (1992).
  • Protecting Your File from Discovery, American Corporate Counsel Association seminar (1992).
  • New Construction Bond & Lien Law, Construction Section, Houston Bar Association (1989).
  • Strategic Use of Liens, State Bar of Texas Institute, Houston (1990).
  • Mechanics Liens, Houston Bar Association Seminar (1989) and Temple Bar Association (1990).
  • Advanced Creditors' Rights, State Bar of Texas Institute,  Houston (1985).
  • Reducing a Claim to Judgment, State Bar of Texas Institute (1984), Austin and San Antonio.
  • New Texas Venue Statutes and Rules, Houston Bar Association (1984).
  • Representing Creditors, State Bar of Texas Institute (1983), Houston and San Antonio.
  • Enforcing Judgments, Texas State Bar Institutes (1981) Lubbock and Brownsville.
  • Judgments, Advanced Trial Institute: University of Houston Law School (1981).
  • Texas Deceptive Trade Practices Act, San Antonio Bar Association (1981);  Houston Bar Association Seminar (1981 and 1982).
  • Texas Consumer-Commercial Law, at Texas Tech Law School Annual Seminar (1979).
  • Truth In Lending Act, Houston Bar Association Seminar (1977).
  • Commercial-Consumer Law, State Bar of Texas Institute (1975).
  • Foreign Commercial Judgments, Texas State Bar Institute (1975) and Houston Bar Association Seminar (1980).
  • Wills and Estate Planning, Corpus Christi City Retirees Association (1987).
  • Uniform Commercial Code in Texas and General Business Law, Adult Education Spring Branch I.S.D. (1978).

Special Briefs:

  • Successfully argued Trust Fund Doctrine and Exclusivity theory in construction    litigation before Texas Supreme Court (2009).
  • Litigated case presenting issue of how to value business assets in reorganizations to U. S. Supreme Court (1997)  Rash III cases.
  • Appointed by federal judge on case involving constitutional question concerning trial before jury of an accused in prison uniform.  Argued issue of first impression before U.S. Supreme Court (1975).
Education
  • L.L.M. in International Business Transactions, Lazarski University Law School, Salzburg, Austria (work in progress).
  • B.A. Degree (1964) and J.D. Degree (1968), University of Texas.
  • Attended Southwestern University, Georgetown, Texas (1960-1962).
  • Exchange Law Student (inaugural delegation in exchange with University of Texas), Guanajuato Law School, Mexico, Spring 1967.
  • Rotary International Graduate Scholar for graduate study abroad at University of Witwatersrand (1969).
Honors
  • Awarded Rotary International's Global Service to Humanity Award in 2009.
Looper Reed and McGraw Attorneys