Robert A. Prentice has substantial experience in construction litigation, having represented contractors, subcontractors, owners, architects and sureties since 1977. In addition to litigation, arbitration, mediation, mini-trials and other forms of alternative dispute resolution, he advised clients in connection with the preparation of contract documents and related matters. Mr. Prentice was admitted to practice before numerous local and federal courts, including the U.S. Supreme Court.
In addition to representing general contractors and construction managers, Mr. Prentice also was special counsel for construction-related issues for the Kennett School District, Unionville-Chadds Ford School District and the Chester County Intermediate Unit. Mr. Prentice's responsibilities for school districts and public contractors have encompassed all aspects of the construction process, including drafting architect agreements, drafting of construction contracts and bid packages, monitoring construction contract administration during construction, negotiating change orders, negotiating take-over agreements with sureties, interviewing and retaining completing contractors and handling post-construction arbitration and/or litigation.
Mr. Prentice has given seminars under the auspices of such organizations as the National Business Institute, Construction Education Management Corporation, Practising Law Institute, the Pennsylvania Institute of Certified Public Accountants and the Pennsylvania Bar Institute, and has written numerous articles for their publications. Mr. Prentice is a past chairman of the Real Property Section and of the Construction Law Committee of the Philadelphia Bar Association, and a former trustee for Trinity College of Vermont.
Mr. Prentice was admitted to practice law in Pennsylvania, Massachusetts and Washington, D.C. and was a member of the American, Pennsylvania, Philadelphia and District of Columbia bar associations. Mr. Prentice is a 1970 graduate of the University of Michigan Law School, a graduate of Harvard Law School (LL.M., constitutional law) and a graduate of Middlebury College.
Admissions
- Washington, D.C.
- Massachusetts
- Pennsylvania
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the District of Massachusetts
- District of Columbia Court of Appeals
- Supreme Court of the United States
- U.S. Court of Appeals for the Third Circuit
- Supreme Court of Pennsylvania
- Supreme Court of Massachusetts
Education
- Harvard Law School, LL.M., 1977
- University of Michigan Law School, J.D., 1970
Experience
- Duane Morris LLP
- Chair, Construction Litigation Practice Group, 1999-2014
- Partner, joined 1999 - Eckert Seamans Cherin & Mellott, LLC, Philadelphia, Pennsylvania
- Partner, 1992-1999 - Hoyle Morris & Kerr, Philadelphia, Pennsylvania
- Partner, 1986-1992 - Conrad, Kerr, Bloom, Hitchner & O'Brien, Philadelphia, Pennsylvania
- Partner, 1982-1985 - Pepper Hamilton & Scheetz, Philadelphia, Pennsylvania
- Associate, 1977-1982 - United States Army, Judge Advocate General Corps
- Active Reserve, September 1976 - September 1980
- Active Duty, February 1971 - September 1976
Professional Activities
- American Bar Association
- Pennsylvania Bar Association
- Philadelphia Bar Association
- Chairman, Real Property Section
-- Former Chair, Construction Law Committee
Honors and Awards
Listed in Chambers USA: America's Leading Lawyers for Business, Band 1, Construction, 2014-2018
- Listed in The Best Lawyers in America
Mentioned in the Construction Group's national practice group description in Chambers USA: America's Leading Lawyers for Business, 2011-2018
- Listed in Best Lawyers Greater Philadelphia, 2016
- Referenced in Legal 500 U.S.- Leading Lawyers for Construction 2014
- Listed in Who's Who in Practicing Attorneys
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Civic and Charitable Activities
- Construction Law Advisor to Philadelphia Arts in Education Partnership
Selected Speaking Engagements
- Presenter, "Forums for Resolving Construction Disputes," Webinar, October 30, 2014
- Speaker, "Money Talks: Using Pennsylvania Law to Protect Your Rights to Payment," Construction Expo 2007, Valley Forge, Pennsylvania, April 11-12, 2007
- Speaker, "Change Orders, Changed Conditions and Cardinal Changes: the Devil is in the Details!" Public Construction SuperConference, San Francisco, California, December 13, 2001
- Presenter, "Pennsylvania Law for Design Professionals," seminar sponsored by Lorman Educational Services, Philadelphia, Pennsylvania, October 18, 2000, October 2, 2001, and October 30, 2002.
- Presenter, "Claim Prevention for design Professionals," seminar sponsored by Lorman Educational Services, Philadelphia, Pennsylvania, March 21, 2002.
- Faculty Member, "The Ever Evolving Changes to the Mechanics' Lien Laws of Pennsylvania," Pennsylvania Bar Institute, Pittsburgh, November 1, 2007
- Panelist, "The Cost of Schedule Delays on Construction Projects and How to Avoid the War: A Sneak Peek of a Consensus DOCS Time-Extension Addendum," Construction SuperConference 2010, San Francisco, December 16, 2010
Selected Publications
- Author, "Pennsylvania Supreme Court Unanimously Holds That Union Workers Are Not Subcontractors for Purposes of Pa. Mechanics' Lien Law," Duane Morris Alert, April 21, 2014
- Co-author, "What's Next for Teaming Agreements After Cyberlock?" Duane Morris Alert, May 21, 2013
Editor, Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid, PBI Press, 2011
- Co-author, "When Is Defective Construction Work Sufficiently "Unsafe" for N.J. Statute of Repose's Protection of Defendants?," Duane Morris Alert, May 24, 2011
- Co-author, "Arbitration Is Exclusive Remedy for Displeased New-Home Warranty Claimants, per N.J. Appellate Division," Duane Morris Alert, May 24, 2011
- Co-author, "New Jersey Significantly Amends Construction Lien Law, Effective Immediately," Duane Morris Alert, January 31, 2011
- Co-author, "FAR Rules for Stimulus-Funded Contracts: Alert 5 - Federal Publication of Contract Actions," Duane Morris Alert, May 26, 2009
- Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 4 - GAO and Inspector General Oversight," Duane Morris Alert, May 15, 2009
- Co-author, "Massachusetts Appeals Court Invalidates Mechanic's Liens Against Condo Common Areas," Duane Morris Alert, January 11, 2012
- Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 3 - Enhanced Contractors' Internet-Quarterly-Reporting Requirements," Duane Morris Alert, May 14, 2009
- Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 2 - Enhanced Whistleblower Protections," Duane Morris Alert, May 6, 2009
- Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 1 - Buy-American Provisions," Duane Morris Alert, May 5, 2009