Roger A. Myklebust

Roger A. Myklebust

Senior Counsel

Contact

Roger’s practice emphasizes construction law, commercial litigation and design professional liability. His construction law practice includes representation of public and private owners, engineers, architects and contractors in all aspects of contract preparation and negotiation, construction management and claim resolution through mediation, arbitration and trial.  Roger’s work for clients typically includes preparation of necessary predesign agreements, the owner/architect agreement, construction contract documents, assistance with the bidding process and advice during and after construction.

For private sector projects, the contractual arrangements have involved both the general contractor and construction manager approaches and have included design build, GC/CM, fixed price and costs plus contracts. For public sector projects, the projects typically involve the standard design/bid/build approach necessitated by public bid laws, but has also included work utilizing the GC/CM approach approved by the Washington State Legislature.

During the construction phase, Roger often assists his clients with change order issues that the owner, architect and contractor are unable to resolve.  In the most extreme cases, Roger utilizes mid-project mediation and arbitration to resolve disputes that cannot await resolution until the project’s completion.  He also assists clients in project closeout issues, and, if necessary, the negotiation and/or litigation of unresolved disputes.

Publications & Speaking Engagements

Roger frequently lectures on construction-related topics to private and public groups including the Washington Association of Municipal Lawyers

Professional & Community Activities
  • Member, American Bar Association Committees on Trial Practice, Alternative Dispute Resolution, Construction Litigation and the Forum on the Construction Industry
  • Member, Washington State Bar Association Public Procurement and Private Construction Law Section
  • Member, Planning Commission, Yarrow Point
Honors & Awards
  • Martindale Hubbell AV® Preeminent 5.0 out of 5

Background

Roger’s first job after law school was with the Office of the King County Prosecuting Attorney. Almost immediately, he began trying major felonies including robbery and murder cases. During the two and half years he spent as a prosecutor, Roger tried 45 cases. “I’ve been comfortable in a courtroom ever since,” he says.

After leaving the Prosecuting Attorney’s office, Roger went to work for a Seattle law firm and was given a choice: do municipal bond work or help the firm’s public sector clients with their construction projects. He chose the second option and has never regretted the decision, he says. “I enjoy the concept of building things and being part of that process. I like the factual detail of construction, working with owners and architects as they develop their projects and then seeing them come together in the design and construction phases.” Roger joined Ryan Swanson in 1990.