John B. Miller, Esq., LL.M., Ph.D., joined JAMS in 2025, bringing more than four decades of experience in the construction industry as a globally recognized attorney, professor of civil engineering at MIT, evaluator, and seasoned arbitrator and mediator. He serves as a mediator, arbitrator, court appointed neutral (referee/special master) and neutral evaluator.

Dr. Miller’s background in civil engineering, soil mechanics and construction management informs his pragmatic and solutions-oriented approach to the evaluation, avoidance and resolution of disputes. As a mediator, he works with parties to develop innovative strategies, including dispute resolution board (DRB) processes; keep projects on track; and resolve disputes fairly and efficiently. As an arbitrator, he draws on extensive experience representing owners, architects, engineers, contractors, subcontractors and suppliers in matters involving scope, delay, disruption, labor productivity, scheduling, pricing, costs, acceleration and equitable adjustments. He has also represented numerous public owners, authorities and governments, giving him a balanced perspective on public and private sector issues alike.

Dr. Miller contributed significantly to the development of procurement best practices, serving as reporter for the ABA 2000 Model Procurement Code (for State and Local Governments). The Model Code has been adopted by jurisdictions across the United States. He has advised the United Nations and the Inter-American Development Bank on procurement and project delivery strategies, helping to shape best practices for large-scale, cross-border infrastructure and development. He has provided guidance to the Federal Reserve System on procurement practices.

A fellow of the American Bar Association (ABA), the ABA Section of Public Contract Law and the American College of Construction Lawyers, Dr. Miller is widely respected for his multidisciplinary expertise, global perspective and results-driven approach. He is especially sought after to handle complex, multiparty and high-value construction disputes.

Representative Matters

• Business Commercial
• As a neutral, development of a procurement system consistent with federal principles to overnight air services for the daily clearing of checks by American quasi-government financial system
• Construction
• Arbitrated multiple Type I and Type II differing site condition (DSC) disputes for large Massachusetts city in connection with the construction of major wastewater treatment plant and wastewater piping system funded by the Clean Water Act
• Arbitrated Type II DSC dispute for Massachusetts town in connection with the construction of a wastewater pumping station
• Arbitrated dispute requiring the evaluation of the structural performance against applicable building codes of Z purlins in the roof of a pre-engineered building, under winter weather conditions
• Engineering & Construction

Dr. Miller’s engineering education and extensive practice in the law are the basis for a 40-plus-year career focused on the identification, management and resolution of complex issues at the intersection of design, construction and the law on projects across the world, including:

• Aviation
  • Arbitrated dispute regarding the “failure” and replacement of multiple passenger terminal roofs at major U.S. international airport; resolution of this dispute required a complex engineering evaluation of wind loads, laboratory testing of the adhesive capacity of properly adhered membrane and statistical analysis of disputed installation practices
  • Mediated complex engineering dispute involving the design of major international airport passenger terminal
  • Evaluation of project delivery alternatives for key components of major international airport support facilities
• Infrastructure
  • Rail: Organized the engineering evaluation of the design/performance of “failing” thin-cover reinforced concrete railroad ties across multiple rail lines in the American Northeast
  • Water: Evaluation of desalination technology and performance of large potable water plant in the Gulf Cooperation Council (GCC) region
  • HVAC: Evaluation and development of procurement strategies for delivery of engineered HVAC systems in new city in the GCC region.
  • Power: As an advocate, litigated complex design/construction disputes relating to the installation of nuclear safety-class 2 instrumentation at a large nuclear power plant in the Southeastern United States
• International & Cross Border
• Identification, evaluation and resolution of complex design, construction and delivery issues for large-scale infrastructure and industrial projects with multinational stakeholders in the GCC region; this work has included advising on water, aviation, port and large-scale HVAC systems; his role has focused upon integrated approaches to address technical, contractual and logistical challenges that meet cost, quality and schedule goals

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Fellow, American College of Construction Lawyers, 2006–2025
• Member, Board of Directors, 2010–2012
• Member, American Bar Association, 1981–2025
• Member, Section of Public Contract Law
  • Reporter, Model Code for Public Infrastructure Procurement, 2005–2007
  • Reporter, Model Procurement Regulations Project, 2000–2002
  • Reporter, Model Procurement Code Revision Project, 1997–2000
  • Section Chair, 1994–1995
  • National Educational Chair, 1993–1994
  • Chair, Construction Division, 1992–1993
  • Chair, Architect-Engineer Committee, 1988–1992

• Member, Forum on the Construction Industry
• Member, American Society of Civil Engineers, 1974–2025
• Task Force Member, ASCE Committee on Professional Practice, 1999–2000
• Member, Boston Society of Civil Engineers, 1974–2025
• Member, International Bar Association
• Program Chair, International Contract Award Challenges, Annual Meeting, Madrid, 2009
• Chair, Procurement Subcommittee, 2007–2009
• Member, International Construction Projects Committee, 2005–2013
• Member, University of Salford (U.K.) Centre for Research and Innovation (SCRI)
• Co-Chair, Steering Committee, 2005–2009
• Member, International Bridge Turnpike & Tunnel Association (IBTTA), 2005–2009
• Member, Design-Build Institute of America, 1998–2005
• Member, Board of Trustees, Design-Build Education and Research Foundation, 1999–2001
• Member, International Council for Building Research Studies and Documentation (CIB), 1995–2002
• Committees: W92 Procurement Systems, W95 Urban Infrastructure, W89 Building Research and Education
• Chair, Institution Building Session, First International Conference on Construction Industry Development, National University of Singapore, 1997
• Member, Massachusetts Society of Professional Engineers, 1985–1992
• Vice President, 1987–1990
• Secretary, 1986–1987
• Assistant Secretary, 1985–1986
• Member, American Arbitration Association Panel of Construction Arbitrators and Mediators, 1982–2012

Selected Awards and Honors

• Fellow, ABA Section of Public Contract Law, 1995–2025
• Fellow, American Bar Foundation, 1995–2025
• Member, Chi Epsilon (national civil engineering honor society), MIT, 1973–2025
• Massachusetts and/or Washington, D.C., “Super Lawyer” Construction 2007–2012
• Donald McL. Davidson Award (for outstanding contributions to state and local procurement activities), ABA Section of Public Contract Law, 2007
• Gilbert Winslow Career Development Chair, Civil and Environmental Engineering Department, Massachusetts Institute of Technology (MIT), 1999–2003
• National Science Foundation (NSF) CAREERS Grant, Infrastructure Development Systems, 1998–2002
• Outstanding Service Award, Massachusetts Society of Professional Engineers, 1990

Selected Publications

Books

• Miller, John B., and Margaret E. McConnell, Reporters, ABA 2007 Model Code for Public Infrastructure Procurement (MCPIP), February 2008, ISBN 978-1-60442-014-2
• Miller, John B., Case Studies in Public Infrastructure Delivery, Kluwer Academic Publishers, January 2002, ISBN 0-7923-7652-8
• Miller, John B., and Margaret E. McConnell, Reporters, ABA 2000 Model Procurement Code (for State and Local Governments), ABA Press, December 2000, Product Code 539-02-00
• Miller, John B., Principles of Public and Private Infrastructure Delivery, Kluwer Academic Publishers, November 2000, ISBN 0-7923-7201-8

Other Publications

• Miller, John B., “Life Cycle Delivery of Public Infrastructure: Precedents and Opportunities for the Commonwealth,” A Pioneer Institute White Paper, No. 44, December 2008
• Miller, John B., “Lessons Learned: An Assessment of Select Public-Private Partnerships in Massachusetts,” A Pioneer Institute White Paper, No. 45, December 2008
• Ryan, Scott C., John B. Miller, “Effective Corporate Records Retention Policy in the Construction Industry,” Refereed Paper in Conference Proceedings, American Bar Association, Forum on the Construction Industry Annual Meeting, San Juan, Puerto Rico, April 12-13, 2007
• Pietroforte, Roberto and John B. Miller, “Procurement methods of US Infrastructure: Historical perspectives and recent trends,” Invited Article to the Journal of Building Research and Information (a peer-reviewed journal supported by CIB), Issue 30/Number 6, pages 425-434, November 2002
• Garvin, Michael J., Ralph P. Hall, and John B. Miller, “Decision Support Systems for Infrastructure Asset Management: Prospects and Challenges,” Conference Paper for the CIB W70 Working Commission’s 2002 Global Symposium on Facilities Management and Asset Maintenance: Applying and Extending the Global Knowledge Base, Glasgow, Scotland, Sept. 18–20, 2002
• Wooldridge, Stephen C., Michael J. Garvin, Yuen Jen Cheah, and John B. Miller, “Valuing Flexibility in Private Toll Road Development: Analysis of the Dulles Greenway,” Journal of Structured and Project Finance, Institutional Investor, Vol. 7, No. 4, Winter 2002
• Cheah, Charles Y.J., John B. Miller, “Application of Portfolio Planning to Urban Settings, Conference Proceedings,” CIB World Building Congress 2001, Wellington, New Zealand, April 2–6, 2001
• Miller, John B., Michael J. Garvin, P.E., C. William Ibbs, and Stephen E. Mahoney, “Towards a New Paradigm: Simultaneous Use of Multiple Project Delivery Methods,” Journal of Management in Engineering, ASCE, Vol. 16, No. 3, May/June 2000
• Miller, John B., “Applying Multiple Project Procurement Methods to a Portfolio of Infrastructure Projects” (chapter contribution to book titled Procurement Systems: A guide to best practice in construction), Routledge Limited, under the imprint of E & FN Spon, London, 1999 
• Miller, John B., “Aligning Procurement Methods Toward Innovative Solutions to Environmental and Economic Needs,” Conference Proceedings, CIB World Building Congress 1998, Gavle, Sweden, June 7–12, 1998
• Miller, John B., “The Fundamental Elements of Sustainable Procurement Strategies for Public Infrastructure,” First International Conference on Construction Industry Development, Conference Proceedings, National University of Singapore, Singapore, December 9–11, 1997
• Miller, John B., and Roger H. Evje, “Life Cycle Discounted Project Cash Flows: The Common Denominator in Procurement Strategy,” First International Conference on Construction Industry Development, Conference Proceedings, National University of Singapore, Singapore, December 9–11, 1997
• Miller, John B., “Procurement Strategies Which Encourage Innovation: The Fundamental Element of Sustainable Public Infrastructure Systems,” International Council for Building Research Studies and Documentation (CIB), 1997 Symposium of Working Commission W92, “Procurement - A Key to Innovation”, University of Montreal, May 19–23, 1997, Publication 203, ISBN 0-9682215-0-5
• Miller, John B., “Aligning infrastructure development strategy to meet current public needs,” Ph.D. Dissertation, MIT, 1995
• Moavenzadeh, Fred, and John B. Miller, “Design Build: One Step Toward Real Flexibility in the Provision of Public Infrastructure” (Conference Proceedings), Georgia Tech Building Construction Program and the Design Build Institute of America, Oct. 20, 1994
• Miller, John B., and Mark C. Fell, “Post-Construction Liability in the United States” (chapter contributed to Post-Construction Liability and Insurance), 389 pages, Edited by Jens Knocke, E & FN Spon, London, 1993; publication supported by CIB Working Commission W87
• Miller, John B., Construction Arbitration in Massachusetts, 155 pages, Massachusetts Continuing Legal Education (MCLE), Chapter 3 in Construction Disputes, 296 pages ,Real Estate Litigation Series, Boston, June 1992
• Miller, John B., The Federal Arbitration Act and Arbitration in the New England States, 129 pages, Massachusetts Continuing Legal Education (MCLE), Chapter 4 in Commercial Arbitration, 318 pages, Real Estate Litigation Series, Boston, June 1991
• Miller, John B., and James J. Myers, Arbitration Awards, 33 pages, Massachusetts Continuing Legal Education (MCLE), Chapter 3 in Commercial Arbitration, 318 pages, Real Estate Litigation Series, Boston, June 1991
• Miller, John B., and William J. Ferguson, Jr., Construction Claims Under Massachusetts Law, 403 pages, The Cambridge Institute, 1991, 1992
• Miller, John B., “How to Turn the ‘Square Corners’ of the Competitive Procurement Process to Ensure a Valid Contract Award” (Conference Proceedings, ABA Fidelity & Surety Law Committee), Avoiding Detours in Public Work Construction, Scottsdale, Arizona, April 1990
• Miller, John B., “No-Fault Forfeitures: The Ultimate in Risk Shifting” (Conference Proceedings, ABA Section of Public Contract Law), How Stacked Decks Shift Risk, Los Angeles, February 1990
• Miller, John B., Construction Arbitration in Massachusetts, 88 pages, Massachusetts Continuing Legal Education (MCLE), Chapter 3 in Handling Construction Disputes, 302 pages, Boston, December 1989
• Miller, John B., Construction Claims Under Massachusetts Law, 230 pages, The Cambridge Institute, May 1989, 1990
• Myers, James J., John B. Miller, and Mark J. Sampson, (Chapter Contribution) “Chapter 15: Government Contracting and Regulation,” Construction Law Treatise, Matthew Bender, 1988, 1989, 1990, 1991
• Miller, John B., “Architect/Engineer Liability: A Growth Period,” (Conference Proceedings of the ABA Section of Public Contract Law), The A/E's Changing Role in the Construction Industry, Boston, April 1984
• “Arbitration Law: The Federal Arbitration Act and Arbitration in the New England States,” Conference of the American Arbitration Association, Boston, Dec. 9, 1983
• H. Dowding and John B. Miller, “Comparison of Predicted and Encountered Geology in Seven Colorado Tunnels,” National Science Foundation (NSF) Report No. R75-6, 1975

Selected Speaking Engagements

• Panelist, “Public-Private Partnerships: Mainstreaming Life Cycle Delivery Methods into U.S. Procurement,” ABA Section of Public Contract Law Program on Emerging Federal Markets: Initiatives In Collaboration and Innovation, Albuquerque, New Mexico, Nov. 4, 2011
• Forum on Best Practices in the Delivery of Public Infrastructure Programs, Five Interactive Discussions, Abu Dhabi Department of Planning and Economy, Abu Dhabi, UAE, Jan. 13, 2009
• “Applying Proven Procurement Methods to Create Durable Markets for US Public Infrastructure Projects,” Presentation to the Third Annual U.S. PPP Summit, Washington, D.C., Feb. 5, 2007
• “Program Strategies For Delivering a Portfolio of Infrastructure Projects: Simultaneous Use of Multiple Project Delivery and Finance Methods,” Presentation to the University of Salford Centre for Research and Innovation, Salford, England, July 23, 2002
• “Practical and Competitive Strategies for Infrastructure Collections,” Lecture Presented to 30+ U.S. Navy CEC and Public Works Officers at the Newport Naval Station, Rhode Island (two-day conference organized by Prof. C. William Ibbs, University of California, Berkeley), April 18, 2001
• “Best Practices in Project Delivery” and “Finance From the Perspective of Improving the Client’s Entire Collection,” Lectures to the Engineering and Planning Group from Hyundai Engineering and Construction Company, Presented at the University of California, Berkeley, Aug. 8, 2000
• Briefing to Army Corps of Engineers Project Management Staff on Current Research in the Simultaneous Use of Alternative Project Delivery and Finance Methods to Manage a Portfolio of Infrastructure Assets Over Time, U.S. Army Corps of Engineers Headquarters, Washington, D.C., Oct. 8, 1999
• “Simultaneous Use of Multiple Project Delivery and Finance Methods to Improve Portfolios of Infrastructure Facilities,” Presentation to the Design Professionals Coalition (the CEOs of the largest American engineering firms), Keystone, Colorado, Aug. 13, 1999
• “The Future of American Infrastructure Delivery and Finance,” Keynote Address on Value-Based Delivery Systems to the 1999 American Consulting Engineers Council (ACEC) Annual Meeting, Seattle, May 12, 1999
• Presentation on Revisions to the ABA Model Procurement Code to the Board of Directors of the Design-Build Institute of America (DBIA), Washington, D.C., April 14, 1999
• “Project Delivery and Finance,” Presentation to the Committee on Federal Procurement of Architect and Engineer Services (COFPAES) (a coalition of industry associations and large federal agencies), Washington, D.C., April 13, 1999

Background and Education

Background and Education

• Managing Member, Ironside Law Group LLC, 2015–2025
• Managing Member, Ironside Strategies LLC, 2015–2025
• President, The Barchan Foundation, Inc., 2008–2021
  • Public charity organized to disseminate worldwide best practices in project delivery and finance
• Of Counsel, Patton Boggs, LLP, Washington, D.C., 2006–2014
  • Led international construction projects group; contract negotiation, dispute avoidance and conflict resolution on multibillion-dollar projects in MENA
• Associate Professor, Assistant Professor, Civil and Environmental Engineering, Massachusetts Institute of Technology (MIT),1995–2002
  • Led NSF-supported research program to explore more effective delivery of collections of infrastructure
• Research Fellow, Center for Construction Research & Education (CCRE), MIT, 1992–1995
• Managing Partner, Partner, Of Counsel and Associate Attorney; Gadsby & Hannah; Boston and Washington, D.C.; 1981–1995
  • Broad-based advice, litigation and arbitration practice focused on manufacturing, service and construction industries; diverse clients, including owners and architectural, engineering and construction clients; extensive experience in private and public contracts, commercial litigation, specialty forums, mediation and arbitration
• Associate General Counsel, Orion Research Inc., Cambridge, Massachusetts, 1977–1980
  • High-tech research and development firm

Education

• Ph.D., Infrastructure Systems, MIT, 1995
• LL.M., Taxation, Boston University School of Law, ,1981
• J.D., Boston University School of Law, 1977
• S.M., Soil Mechanics, MIT, 1974
• S.B., Civil Engineering, MIT, 1974

Bar Admissions

• District of Columbia, Court of Appeals, 1991
• Supreme Judicial Court, Massachusetts, 1977