Richard Ottesen Prentke
Dick has decades of experience handling construction transactions, counseling, and disputes.
Dick Prentke collaborates with clients in the planning of successful projects and in achieving rational solutions to construction-related issues. He counsels on transactions for preconstruction; architectural; engineering; construction management; consultant; design-build; design-build-operate; engineering, procurement, and construction (EPC); turnkey; procurement; and construction.
Dick also represents clients in dispute resolution, including alternative dispute resolution such as mediation, intervention, dispute resolution boards (DRBs), mini-trials, and arbitration, and litigation of construction, procurement, and technical issues.
He has worked on public and private construction projects and programs in most parts of the United States as well as in Africa and Asia, including:
- Office buildings and corporate headquarters.
- Manufacturing facilities.
- Energy projects, including hydro, wind, geothermal, solar, nuclear, cogeneration, and waste-to-energy.
- Green buildings, including Leadership in Energy and Environmental Design (LEED).
- Hotels and resorts.
- Retail and shopping centers.
- Mixed-use projects.
- Planned communities.
- Retirement and nursing facilities.
- Communications, including wireless and satellite.
- Historic renovations.
- Transportation, including light rail, roads, tunnels, bridges, ports, shipping, and utilities.
- Public-private partnerships.
- Public facilities, including schools, universities, sports stadiums, arenas, convention centers, city halls, fire stations, theaters, performing arts centers, and concert halls.
Areas of focus
Education & Credentials
Education
- Harvard Law School, J.D.
- Princeton University, B.S.E.
Bar and Court Admissions
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Washington
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of Washington
- U.S. District Court for the Western District of Washington
Related Employment
- U.S. House of Representatives, Assistant to Congressman Max McCarthy, 1970-1971
- U.S. Navy, Staff of VADM Rickover, Washington, D.C., Officer, 1967-1970
Professional Recognition
Listed in Band One of Chambers USA as "America's Leading Lawyer" for Construction, 2019-2024
Ranked by Chambers USA among "Senior Statespeople," 2021-2024
Named "Lawyer of the Year" for Litigation - Construction by Best Lawyers in America, 2020
Listed in Who’s Who in American Law, 1989-present
Listed in Who’s Who in America, 1990-present
Listed in Super Lawyers Magazine “Super Lawyers,” 2003-2022
Listed in The Best Lawyers in America: Construction Law; Litigation - Construction, 2003-2022
Listed in Seattle Business Monthly "Best Business Lawyers"
Listed in Seattle Metropolitan "Best Lawyers"
Peer Review Rated AV in Martindale-Hubbell
(AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
Impact
Professional Leadership
- King County Bar Association, Judicial Screening Committee, 1985-1992; Chair, 1987-1991; Task Force on Judicial Selection, Chair, 1990-1993
- Washington State Bar Association, Litigation Section; Construction Section, Board, 1996-2000
- Seattle Chamber of Commerce, Leadership Tomorrow Program, 1985-1986
- King County Superior Court, Arbitrator
- U.S. District Court, Western District of Washington, Mediator
Community Involvement
- Princeton University, Trustee, Princeton Varsity Club, 2004-present
- Princeton University Rowing Association, Trustee, 1980-present; Vice-President, 1984-1993; President, 1993-2001
- Princeton Club of Western Washington, Trustee, 1990-1998; President, 1990-1992
- Pocock Foundation, Trustee, 1996-2004
- Seattle Country Day School, Board of Trustees, 1991-1994
- Skidmore College, Athletics Advisory Council, 2003-2007
- United Way of Washington, Red Feather Chair, 1993-1996
Professional Experience
Private Transactions
Aerospace Facilities
Design-build, cost-plus/guaranteed maximum price construction contract for aerospace facilities, including office space, manufacturing, maintenance, and hangers.
Biotech Headquarters and Associated Buildings
General contractor/construction manager (GC/CM) contract, construction management, consultant and design contracts for $750 million biotech headquarters and associated buildings in Seattle.
Biotech Manufacturing Facility Contracts
General contractor/construction manager (GC/CM) contract and engineering contract for large biotech manufacturing facility and associated buildings in Rhode Island.
Chinese Medical Facility Contract
Architect and engineer contract for mainland Chinese medical facility.
Contract for Civic Center
Development agreement, general contractor/construction manager (GC/CM) contract, and architect contract for civic center in Oregon.
E-Commerce Headquarters
Design and construction contracts for Washington e-commerce headquarters office building.
E-Commerce Warehouse Facilities
Design, design-build, and construction contracts for e-commerce warehouse facilities throughout the United States.
Energy Projects
Design, design-build, consultant, construction, and procurement contracts for solar energy, wind farms, nuclear, waste-to-energy, co-generation, energy services (ESCO), utility retrofit, geo-thermal, and major rebuilding of hydroelectric facilities in California and the Northwest.
Fish Hatcheries
Design, design-build, and construction contracts for fish traps and hatcheries.
High-Technology Facilities
Design-build, multiple-prime construction and related separate construction-management, and procurement contracts for major technology facilities.
Hospitals
GC/CM, cost-plus, fixed-price, and design contracts for numerous hospitals and medical facilities in the Northwest ranging from $1 million to $400 million.
Japanese Theme Park Development Agreement
Development and construction agreement for theme park in Japan.
Laboratories
Design and construction contracts for Northwest laboratories.
Manufacturing Facilities
Fixed-price, cost-plus construction, and design-build contracts for major manufacturing facilities in Washington and Oregon.
Museums
Design, construction management, and construction contracts for Washington museums and museum expansions.
Office Buildings, Hotels and Condominiums
Fixed price and cost-plus/guaranteed maximum price construction contracts for construction of office buildings, hotels and condominiums and tenant improvements in Puget Sound, Eastern Washington, and Oregon.
Retail and Mixed Use Projects
Design and construction contracts for retail and mixed use buildings throughout the Northwest and in the U.S. Virgin Islands.
Shipping
Design, construction, procurement, and EPC contracts for port and shipping facilities in the Northwest.
Taiwan Aviation Facility
Architect and engineer contract for aviation facility in Taiwan.
Thailand Manufacturing
Fixed-price construction, construction management, and equipment contracts for chemical manufacturing plant and associated buildings in Thailand.
Public Transactions
Benaroya Hall
Design-build contract with City of Seattle for construction of Benaroya Hall for Seattle Symphony; cost-plus and guaranteed maximum price contract with contractor, design contract with architects and services contracts with consultants.
City Halls
General contractor/construction manager contract and design contract for three new city halls in Washington.
Everett Special Events Center
Design-build and related contracts for new arena used for professional sports, public recreation, and other events in Everett, Washington.
Northwest Public Capital and Individual Improvement Contracts
Construction and architect/engineer fixed-price contracts, updates, and supplemental conditions for major Northwest public capital improvement programs as well as individual projects.
Safeco Field
General contractor/construction manager contract, design, and related contracts for Safeco Field on behalf of the Seattle Mariners.
Waste-to-Energy Facility
Advised on construction and operation contracts for a waste-to-energy facility in Eastern Washington.
Waste-Water Facility
Multi-phase design, construction and operation contracts, both cost-plus and fixed price, with complex pricing mechanisms, for Seattle waste-water facility.
Schools
Design, procurement, construction management, fixed-price, and GC/CM construction contracts for scores of schools in Washington, Oregon, and Idaho.
Mediation
Convention Center Construction
Lead attorney in multimillion-dollar claim on delays and extra costs for construction of convention center in Washington.
Design Dispute
Lead attorney in multimillion-dollar dispute regarding electrical and mechanical engineer in design of public facility in Seattle.
Modernization Project
Lead attorney in multimillion-dollar dispute involving architectural and consultant errors in multi-building modernization project. Settled in two mediations.
Total Cost Construction Claim
Lead attorney in multimillion-dollar total cost claim involving additions to and modernization of public facility in Washington.
Intervention
Lead attorney in multimillion-dollar dispute involving various claims in public facility modernization project. Created one of state’s first mid-course interventions.
Termination and Recontracting
Lead attorney in termination and recontracting in multimillion-dollar public-building construction in Oregon. Settled in mediation.
Light Rail
Lead attorney in multiple mediations in large total cost claim involving road and utility construction as well as light rail construction.
Nuclear Project
Lead attorney in multimillion-dollar construction dispute involving cost-overrun and design issues in major renovation of nuclear power plant.
Hotel
Lead attorney in multimillion-dollar design and construction dispute arising out of urban high-rise hotel construction.
Total Cost Construction Claim
Lead attorney in multimillion-dollar total cost claim in construction of public facility in Washington.
Total Cost Construction Claim
Lead attorney in multimillion-dollar total cost, overrun and delay dispute in construction of public facility in Western Washington.
School Construction Dispute
Lead attorney in multimillion-dollar dispute involving delay, disruption and extras in construction of largest school project in Washington history. Settled in 65-party mediation.
Arbitration
Construction of Public Facility Dispute
Lead attorney in multimillion-dollar labor-overrun and loss-of-efficiency dispute in renovation and new construction of public facility in Washington.
Construction Contractor Delay Claim
Lead attorney in two-week arbitration on contractor’s delay claim. Delay claim denied and liquidated damages awarded to owner.
Historic Building Rehabilitation Dispute
Lead attorney in dispute involving delay and extra claims in rehabilitation project of historic building. Settled one of first construction “mini-trials” in state.
International Construction Contract
Lead attorney in contract claims and counterclaims of multimillion-dollars in seven-week international arbitration with 400 exhibits and more than 10,000 documents. 100% recovery on all issues.
Light Rail
Lead attorney defending owner in nine-figure contract claims, counterclaims, and total cost / quantum meruit claim arising out of utility, roadway, and light rail project in eight week arbitration involving thousands of exhibits, millions of documents, multiple experts, and dozens of issues.
Recreation Complex Construction Arbitration
Lead attorney in arbitration of construction, partnership and securities issues arising from development of recreation complex. Prevailed and awarded attorneys’ fees.
AAA Construction Dispute
Lead attorney in seven-week international arbitration involving construction contract claims and counterclaims. Prevailed on all issues, with 100% recovery for client.
Dispute Review Boards
Contractor Claim Against University
ADR Resolution as lead attorney in multimillion-dollar delay and extra-cost claim by contractor against client university for campus construction.
Litigation
Architect and Consultants Dispute
Lead attorney in multimillion-dollar dispute with architect and consultants on public project in Washington. Represented owner.
Co-Generation Facility Construction Dispute
Co-lead attorney in multimillion-dollar dispute in California arising from extra costs, delays, and bonding liability in construction of co-generation facility. Represented owner.
Tunnel
Co-lead attorney in contract and insurance coverage litigation with damages exceeding $700 million arising out of boring highway tunnel beneath downtown Seattle. Represented tunnel boring machine manufacturer.
Construction Defect Dispute
Lead attorney in multimillion-dollar construction defect dispute in construction of Western Washington public building. Represented owner.
Geothermal Generating Plant Construction Dispute
Lead attorney in multimillion-dollar cost-overrun and delay dispute in construction of geothermal generating plant in California. Represented turbine manufacturer.
Construction Breach of Contract
Lead attorney in two-week trial regarding delays, subcontractor claims, and breach of contract. Client public body. Awarded full jury verdict.
Defective Construction Trial
Lead attorney, representing owner in three-week jury trial against subcontractor regarding warranty for defective construction material and installation. 100% verdict; affirmed on appeal.
Football Field
Lead attorney, representing owner in two-week jury trial against manufacturer and installer of artificial turf in football stadium; jury verdict for 100% of damages.
Land-Acquisition Fees Dispute
Lead attorney, defending developer in trial regarding land-acquisition fees. Dismissed at close of plaintiffs’ case.
Third-Party Indemnification
Lead attorney, representing developer's board of directors in third-party indemnification claim in three-week trial. Won full indemnification.
Construction Financing
Lead attorney, representing owner in two-week jury trial regarding financing of building. 100% verdict.
Joint Venture Contractor Dispute Over Technology Facility
Lead attorney in multimillion-dollar dispute with joint-venture contractors and owner of technology facility in Alaska; represented contractor.
Lien Foreclosure
Lead attorney, defending owner in jury trial on subcontractor’s lien claim. Dismissed at close of subcontractor’s case.
Real Estate Development Claims
Lead attorney, representing owner pursuing construction and real estate development claims; won full seven figure judgment at four-week trial with multiple experts. Affirmed on appeal.
Roof Construction
Lead attorney, representing lessor in two-week jury trial regarding construction of and damage to roof of building. 150% verdict.
Subcontractor Claim
Trial as lead attorney, defending owner against subcontractor claim; dismissed by summary judgment; court awarded attorneys’ fees. Affirmed on appeal and attorneys’ fees awarded on appeal.
Appellate
American Safety Casualty Insurance Company v. City of Olympia
State Supreme Court of Washington
Washington State Supreme Court unanimously overruled an appellate court in holding that owners can enter into settlement negotiations with contractors without impliedly waiving contract defenses. In its ruling, the court adopted and quoted arguments and conclusions Perkins Coie presented as amicus curiae. 174 P.3d 54 (Wash. 2008)
Mike M. Johnson v. County of Spokane
State Supreme Court of Washington
The court held that an owner's actual notice of a contractor's claim did not excuse it from failing to comply with contractual notice and claim requirements and that waiver of those requirements must be shown by unequivocal acts evidencing an intent to waive. The court relied in part on arguments Perkins Coie presented as amicus curiae. 78 P.3d 161 (Wash. 2003)
Absher Construction Company v. Kent School District
The court enforced contractual notice and claim procedures, a nonclaim affidavit and a contractual claim limitation period and also held that waiver by conduct requires unequivocal acts evidencing an intent to waive. The court awarded attorneys' fees to client. 890 P.2d 1071 (Wash. 1995)
Neutral
Arbitrator for Contractor and Subcontractor Dispute
One-week hearing between general contractor and subcontractor.
Arbitrator for Contractor and Supplier Dispute
One-week hearing between contractor and supplier.
Arbitrator for Owner, Contractor, and European Supplier Dispute
Multimillion-dollar, four-week hearing between owner, contractor, and European supplier arising from construction of Montana dam.
Arbitrator for Construction Defect Dispute
Multimillion-dollar, two-week construction defect hearing between condominium owners, the contractor who was also the developer, and insurer arising from construction defects.
Mediator for Contractor and Subcontractor Dispute
Dispute between general contractor and subcontractor. Settled at mediation.
Mediator for Bank and U.S. Exporter
Dispute between bank and U.S. exporter. Settled at mediation.
Mediator for International Joint Venture Dispute
International joint venture dispute between Japanese partnership and U.S. partner. Settled at mediation.
Mediator in Construction Dispute
Construction dispute between general contractor and port district. Settled after mediation.
Comprehensive Dispute-Resolution Procedures
Established first comprehensive dispute-resolution procedure, mandatory mediation, and partnering requirements in the Northwest for construction contracts.