Nassen Madiations

For nearly four decades, John enjoyed a national practice advising clients on a wide range of construction law issues.  Clients considered him a trusted advisor who helped them evaluate risk and make informed decisions on construction law issues and disputes.  He has broad experience in the development and negotiation of all types of contract documents, and is recognized as a skilled and effective litigator, well-versed in all forms of dispute resolution.  

John has chosen to conclude his practice as a party-advocate and apply that experience in service as a party-selected mediator and as a mediator and arbitrator in the American Arbitration Association’s Roster of Mediators and its Large Complex Construction Case Panel of Construction Arbitrators.

“I look forward to helping parties settle their disputes with speed, efficiency and in a cost-effective manner.  I hope to do so in a way that fosters mutual respect and opportunities for the parties to preserve business relationships.  I am confident that my experience will lend itself toward realizing those objectives.”

John W. Nassen

Construction Attorney / Mediator / Arbitrator


Education

Valparaiso University (JD, 1976)

Luther College (BA, Psychology and Political Science, 1973)

Alternative Dispute Resolution Training

AAA Chairing an Arbitration Panel:  Managing Procedures, Process & Dynamics, 2015

AAA Arbitration Awards:  Safeguarding, Deciding & Writing Awards, 2015

AAA Webinar:  The DNA of Micro-Communication in ADR, 2013

AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012

AAA Advanced Mediator Training Series:  Managing the Dynamics of a Multi-Party Case, 2012

AAA The Ethics Behind “Better, Faster, Cheaper” in ADR, 2011

AAA Arbitrator I Training-Fundamentals of the Arbitration Process, 2005

Sidney Stahl, Attorney-Mediator, Learn from the Masters Basic Mediation Training Seminary, 2003


Professional Associations

  • Dallas Bar Association (Construction Law Section, Board of Directors, 1992-1993 and 2002-2005)
  • State Bar of Texas (Construction Law Section, Governing Counsel, 2003-2006)
  • American Bar Association (Tort Trial & Insurance Practice Section, Forum on the Construction Industry)
  • Associated Builders and Contractors, Inc. (Board of Directors)
  • Design-Build Institute of America (Board of Directors and legal counsel of the Southwest Region, 2000 to 2010)
  • National Bond Claims Association
  • Associated General Contractors of America (QUOIN-Dallas/Fort Worth Chapter, Legal Affairs Advisory Panel)


Honors & Awards

  • Chambers USA (Band 2); America’s Leading Lawyers for Construction Law, Texas 2013 to present
  • Best Lawyers; 2014 Dallas Construction Lawyer of the Year; 2014
  • Best Lawyers; The Best Lawyers in America in Construction Law; as published in U.S. News & World Report; 2011 to present
  • Leading Construction Lawyer, The Legal 500 – Clients’ Guide to the US Legal Profession; 2013 to present
  • "AV” Preeminent Martindale-Hubbell peer review rating; 2013 to present
  • Super Lawyer; recognized in Construction Litigation as published in Super Lawyers magazine; Thomson Reuters; 2011 to present

Admissions

  •   Texas (1977)
  •   Wisconsin (1976)
  •   United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
  •   United States Court of Federal Claims

Speaking Engagements & Publications

“Effectively Allocating Risks in Multiparty Contracts,” ICSC Roundtable presentation – December 3, 2014 

“Top Construction Contract Issues and Pressure Points for The Players,” 2012 Construction Law Conference, Belo Mansion – 2012; Roundtable presentation – December 3, 2014

“Retention and Use of Experts in Construction Litigation,” State Bar of Montana Construction Law Section, September 2006

“Subcontract Guidance for the Subcontractor:  Achieving Consensus Without Absorbing All the Risks,” Texas Institute for Continuing Legal Education/State Bar of Texas, March 2005

“This Letter Shall Serve as Formal Notice of Contract Termination’ – The Rights and Obligations of Sureties and Obligees in Addressing Termination,” Texas Institute for Continuing Legal Education/State Bar of Texas, March 2003

“The Engineer as an Expert Witness,” Southern Methodist University Forensic Engineering Seminar Series, March 2002

“I Wasn’t Going Broke Until You Stepped In To Help’ – Traps for the Pro-Active Surety in the Pre-Termination Context,” National Bond Claims Association, 2001

“Retention and the Use of Experts in Construction Litigation,” Texas Institute for Continuing Legal Education/State Bar of Texas, March 1999

“Pre-default Activism by Sureties – Should We Reconsider the Conventional Wisdom?  A Debate,” ABA/Surety and Fidelity Committee of the Tort and Insurance Practice Section, January 1998

“Ethics Issues in Construction Litigation,” ABA/Litigation Section, Construction Committee, 1998

“Fanciful Logic & Creative History-Successful Assaults on Critical Path-Based Claims,” University of Texas School of Law/Construction Law Conference, 1994

“Case Study-Dispute Between General Contractor and Major Subcontractor-Bad Faith in the Surety Context,” University of Texas School of Law/Construction Law Conference, 1993

“Dominations & Control-Outlook for the 90’s,” National Bond Claims Association, 1993

“Federal Publications,” Texas Construction Law (multiple presentations), 1991   

“Dominations & Control-Outlook for the 90’s,” National Bond Claims Association, 1993

“Federal Publications,” Texas Construction Law (multiple presentations), 1991

“Examining the American Institute of Architects AIA A101, A201 & A401 Contract Forms,” Associated Builders and Contractors, 1990

“Tort Liability in Safe Premises Cases,” American Society of Safety Engineers, 1989