Experience

ADR Experience

Dick has served as a mediator or arbitrator in approximately 400 disputes for a period of more than 25 years on a wide range of complex construction and design disputes, including highway and road projects, technology facilities, condominiums, power plants (hydroelectric, nuclear and wind) and commercial projects that ranged from major league baseball parks and power plants with amounts in dispute of more than $100,000,000 to single-family residences involving far less amounts. He has served as Chair of a Dispute Review Board on a $5,000,000,000-plus nuclear power plant project and is on the Oregon Department of Transportation Claims Review Board, and the Disputes Review Boards for several projects for the Texas Department of Transportation.

ADR Training

• AAA Breaking Bad: Tools for Advocates & Mediators When Negotiations Get Stuck, 2014
• AAA Guided Choice: Innovations in Mediation to Get Better Settlements at Less Cost, 2014
• AAA All aTwitter About Social Networking: Impact on Arbitration Practice, Procedure and Cases, 2013
• AAA Managing Negotiations in Mediation, 2013
• AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012
• AAA Fundamentals of Effective Mediation Advocacy, 2011
• Clark County Bar Association, Ethical Issues in Mediation, 2009
• American College of Construction Lawyers Convention, 2007
• AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006, 2005
• AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004
• AAA Construction Arbitrator II Training: Advanced Case Management Issues, 2002
• AAA Arbitrator Update, 2001
• AAA Construction Industry Arbitrator Training, 1997
• Various other ADR training

Representative Projects

He has represented both public and private parties in negotiating agreements and resolving disputes on numerous major construction projects, including:

• Nike, Inc., Original World Campus and Expansion (approximately $225 million in two projects) and design and construction agreements for NIKETOWNS across the United States and in Europe.
• Donald M. Drake and Turner Construction, Trailblazer Rose Garden (approximately $230 million project).
• Peter Kiewit & Sons, Gold Mining Facility (approximately $20 million project).
• Washington construction (dams, gold mining facility and highway projects).
• Morrison Knudsen (heavy civil construction disputes).
• City of Portland (substantial civil construction disputes).
• TriMet, Portland Airport Lightrail Extension (approximately $125 million design-build project).
• Obayashi Corporation, Electronics Facility (approximately $200 million project).
• Hyundai Semiconductor America, Inc. (approximately $230 million project).
• CH2M Hill (design professional disputes).
• ZGF Architects (substantial projects in Oregon, Washington, California and other states).
• Numerous multimillion-dollar condominium projects representing various parties.
• Representing contractors on various Oregon Department of Transportation projects.

Honors & Activities

• Named by Best Lawyers^® as Litigation-Construction “Lawyer of the Year,” Portland, 2015, 2017 and 2019; and Construction Law “Lawyer of the Year,” Portland, 2011–2013
• Included in The Best Lawyers in America^® (Construction Law, Litigation-Construction, Professional Malpractice Law-Defendants), 2003–2021
• Listed in Oregon Super Lawyers^® (Surety, Construction Litigation), 2006–2020
• Member of practice group nationally ranked in Best Law Firms^®, 2010–2021
• Selected as SIR Award Winner, Associated General Contractors of America (Oregon-Columbia Chapter), 2011
• Past Editor, Oregon State Bar Construction Law Section Newsletter
• Listed in International Who’s Who of Construction Lawyers
• Independent Member, Board of Directors of TEPA, LLC (a Section 8(a) contractor) and Walsh Construction Co., a northwest general contractor.
• Member, American College of Construction Lawyers
• National Group Advisory Board of The Construction Contractor by Federal Publications, Inc.
• Construction Industry Forum, American Bar Association
• Construction Industry Arbitration Panel, American Arbitration Association
• Past Associate member, American Institute of Architects
• Past Associate member, Construction Specifications Institute
• Member, Oregon State Board of Architect Examiners
• Board Member, Chess for Success

Insights & Presentations

• “The Man in the Mirror: The Most Important Person in Mediation May Not be the Mediator,” 21st Annual Oregon Construction Law Conference, The Seminar Group, September 23, 2016
• “Top 10 Cutting-Edge Trends in Alternative Dispute Resolution and Avoidance,” Annual Meeting, Oregon State Bar Construction Law Section, 2014
• “Integrated Project Delivery May Indeed be the Answer,” Daily Journal of Commerce, 2011
• Construction Law (co-editor, original book and all editions (including 2011 supplement)), Oregon State Bar CLE Book
• “Construction, Is Integrated Project Delivery the Solution,” Daily Journal of Commerce, August 2008
• “Subcontractor's Entitlement to Payment When Owner Fails to Make Payment,” Aspen's Construction Law Handbook, (1999 and 2005 updates)
• “The Good, Bad and Ugly of Standard Form Contracts, A Designer's Perspective,” 2002
• “What Every Construction Arbitrator Must Know about Issues of Contract, Formation, Interrogation and Enforcement,” American Arbitration Association Retreat, October 2001
• “A Guide to the AIA Document B141-1997,” Construction Briefings, November 1998
• The Design-Build Process: A Guide to Licensing and Procurement Requirements in 50 States and Canada (Oregon and Nebraska Law) (chapter co-author), Forum Committee on the Construction Industry, 1997
• “Contractual Limitation of Liability Clauses for Design Professional Contracts” (casenote author), The Construction Contractor, Oct. 1997
• “Architect-Engineer Liability Under Oregon Law” (co-author), Cambridge Institute, 1994
• “Construction Law Under Idaho Law” (co-author), Cambridge Institute, 1994
• “Suing the Construction Lender” (chapter co-author), Construction Litigation: Representing the Contractor, Wiley & Sons, 1985
• Oregon Construction Law (co-author), Professional Education Systems, Inc., 1983, 1984 and 1985 eds.