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Richard Ottesen Prentke

Profile photo for Richard O. Prentke
Profile photo for Richard O. Prentke
Of Counsel

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. 

Dick 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.

Education & Credentials

Education

  • Harvard Law School, J.D.
  • Princeton University, B.S.E.

Bar and Court Admissions

  • 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 Conservation Projects

Design, design-build, consultant and construction contracts for solar energy, energy services (ESCO), utility retrofit, and other energy-saving projects.

Energy Projects

Design, construction, and procurement contracts for wind farms, nuclear, waste-to-energy, co-generation, geo-thermal power plant, and major rebuilding of hydroelectric facilities in 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 and design contracts with architects and consultants.

City Halls

General contractor/construction manager contract and design contract for three new city halls in Western 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 for 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 - Multimillion-dollar claim on delays and extra costs for construction of convention center in Western Washington.

Design Dispute

Lead Attorney - Multimillion-dollar dispute regarding electrical and mechanical engineer in design of public facility in Seattle.

Modernization Project

Lead Attorney - Multimillion-dollar dispute involving architectural and consultant errors in multi-building modernization project. Settled in two mediations.

Total Cost Construction Claim

Lead Attorney - Multimillion-dollar total cost claim involving additions to and modernization of public facility in Western Washington.

Intervention

Lead Attorney - Multimillion-dollar dispute involving various claims in public facility modernization project. Created one of first mid-course interventions in state.

Termination and Recontracting

Lead Attorney - Termination and recontracting in multimillion-dollar public-building construction in Oregon. Settled in mediation.

Light Rail

Lead Attorney - Multiple mediations in large total cost claim involving road and utility construction and light rail construction.

Nuclear Project

Lead Attorney - Multimillion-dollar construction dispute involving cost-overrun and design issues in major renovation of nuclear power plant.

Hotel

Lead attorney - Multimillion-dollar design and construction dispute arising out of urban high-rise hotel construction.

Total Cost Construction Claim

Lead Attorney - Multimillion-dollar total cost claim in construction of public facility in Southwestern Washington.

Total Cost Construction Claim

ADR Resolution as Lead Attorney - Multimillion-dollar total cost, overrun and delay dispute in construction of public facility in Western Washington.

School Construction Dispute

Lead Attorney - 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 - Multimillion-dollar labor-overrun and loss-of-efficiency dispute in renovation and new construction of public facility in central Washington.

Construction Contractor Delay Claim

Lead Attorney - Defended public body in two-week arbitration on contractor’s delay claim. Delay claim denied and liquidated damages awarded to owner.

Historic Building Rehabilitation Dispute

Lead Attorney - 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 - Contract claims and counterclaims of multimillion-dollars in seven-week international arbitration with 400 exhibits and 10,000 documents. 100% recovery on all issues.

Light Rail

Lead Attorney - Defended 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 - Arbitration of construction, partnership and securities issues arising from development of recreation complex. Prevailed and awarded attorneys’ fees.

Dispute Review Boards

Contractor Claim Against University

ADR Resolution as Lead Attorney - Multimillion-dollar delay and extra-cost claim by contractor against client university for campus construction.

Litigation

Architect and Consultants Dispute

Lead Attorney - Multimillion-dollar dispute with architect and consultants on public project in Western Washington. Represented owner.

Co-Generation Facility Construction Dispute

Lead Attorney - 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 - Contract and insurance coverage litigation with damages of $700 million arising out of boring highway tunnel beneath downtown Seattle. Represented tunnel boring machine manufacturer.

Construction Defect Dispute

Lead Attorney - Multimillion-dollar construction defect dispute in construction of Western Washington public building. Represented owner.

Geothermal Generating Plant Construction Dispute

Lead Attorney - Multimillion-dollar cost-overrun and delay dispute in construction of geothermal generating plant in California. Represented turbine manufacturer.

Construction Breach of Contract

Lead Attorney - Two-week trial regarding delays, subcontractor claims, and breach of contract. Client public body awarded full jury verdict.

Defective Construction Trial

Lead Attorney - Represented 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 - Represented 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 - Defended developer in trial regarding land-acquisition fees. Dismissed at close of plaintiffs’ case.

Third-Party Indemnification

Lead Attorney - Represented developer's board of directors in third-party indemnification claim in three-week trial. Won full indemnification.

Construction Financing

Lead Attorney - Represented owner in two-week jury trial regarding financing of building. 100% verdict.

Joint Venture Contractor Dispute Over Technology Facility

Lead Attorney - Multimillion-dollar dispute with joint-venture contractors and owner of technology facility in Alaska; represented contractor.

Lien Foreclosure

Lead Attorney - Defended owner in jury trial on subcontractor’s lien claim. Dismissed at close of subcontractor’s case.

Real Estate Development Claims

Lead Attorney - Represented 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 - Represented lessor in two-week jury trial regarding construction of and damage to roof of building. 150% verdict.

Subcontractor Claim

Trial as Lead Attorney - Defended owner against subcontractor claim; dismissed by summary judgment; court awarded attorneys’ fees; affirmed on appeal. Attorneys’ fees also 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 non-claim 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.

Arbitrator for Contractor and Subcontractor Dispute

ADR Resolutions as Neutral - 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

ADR Resolutions as Neutral - 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.

AAA Construction Dispute

Represented client in seven-week international arbitration involving construction contract claims and counterclaims. Prevailed on all issues, with 100% recovery for client.

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