Shareholder
Brian M. McClendon
Brian is a Shareholder with LGWM and practices in LGWM’s Architects and Engineers, Environmental Law and Transportation Practice Groups. Brian’s practice consists of defending architects, engineers an... Read More » 880 Montclair Road, Suite 100, Birmingham, AL 35213
Full Bio
Brian is a Shareholder with LGWM and practices in LGWM’s Architects and Engineers, Environmental Law and Transportation Practice Groups. Brian’s practice consists of defending architects, engineers and design builders in industrial, commercial and residential construction disputes throughout the Southeast United States. Brian also defends environmental tort claims on behalf of engineers, general contractors, chemical corporations and other entities involved in manufacturer or distribution of hazardous materials. Finally, Brian defends multiple trucking companies and other commercial vehicles in auto accidents. Brian is licensed in both state and federal courts in Alabama and Tennessee.
Professional Profile
Member, Alabama Bar Association
Member, Tennessee Bar Association
Former Board of Directors, The Hope for Autumn Foundation
Admitted
All Alabama State Courts
United States District Courts for the Northern, Middle and Southern Districts of Alabama
All Tennessee State Courts
United States District Court for the Eastern District of Tennessee
Education
University of Alabama School of Law, J.D. (2001)
Auburn University, B.A., Political Science (1997)
Cases of Note
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- Represented general contractor in case involving an entire community’s alleged exposure to contamination stemming from construction of manufacturing facility. We were able to negotiate an agreement with subcontractors and others to minimize exposure to the client and ultimately negotiate a reasonable resolution as a result.
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- Represented pipeline contractor in relation to a claim that the defective maintenance work caused a leak and related explosion, resulting in property damage and personal injuries in excess of $100 million. By employing experts and conducting detailed discovery, we were able to establish a good argument that damages were unrelated to the work at issue, which allowed us to negotiate a resolution at a fraction of the total incurred damages.
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- Represented a commercial trucking company in what appeared to be a case of clear liability and allegedly resulted in traumatic brain injury to the Plaintiff. By engaging in discovery and using medical experts, we were able to raise a potential contributory negligence argument and challenge the extent of the injuries. This work resulted in negotiating a resolution well within the coverage and at a significantly reduced cost.
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- Represented civil engineer in regard to claim that a community’s sewer system had been underdesigned and was causing hazardous waste to percolate to the surface of common areas. We demonstrated the flaws in Plaintiffs’ theories and negotiated a full release of all claims without any monetary payment.
- Represented underinsured motorist insurance carrier in car accident case with clear liability and a permanently disabled plaintiff that underwent multiple spinal surgeries allegedly caused by the accident. After the tortfeasor’s insurance carrier paid its limits right before trial, we tried the case and limited the judgment to less than our recommended settlement evaluation.
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- Represented geotechnical engineer in a slope failure case that involved multiple businesses with both property damage and lost profit claims. After engaging expert witnesses and pursuing counterclaims for money owed to the engineer, we were able to negotiate a full release of all claims against the engineer with no monetary payment.
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- Represented civil engineer in wrongful death claim arising from a motorcycle accident allegedly caused by the failure to protect against runoff flooding the road. After significant investigation, we were able to raise alternate potential causes of the accident and negotiate a reasonable settlement.
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- Represented structural engineer in a claim that a tornado shelter constructed at a Church and school were not code compliant or suitable for use. By engaging experts and working with the City Building Inspection Department, we were able to establish the contractor had disregarded the plans and negotiate a dismissal of all claims against the client.
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- Represented commercial trucking company regarding an accident that occurred in a construction zone, where the client’s driver was clearly at fault. By attacking the case from a damages standpoint from the outset, we were able to negotiate a settlement well below the initial demand.
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- Represented environmental remediation contractor in regard to a wrongful death claim arising from its work. The Estate of the deceased alleged the client failed to fully remove all hazardous chemicals from a tank being repurposed and an explosion occurred as a result. We engaged experts and conducted discovery to establish the accident could not have occurred as Plaintiff suggested, thereby significantly reducing the value of the case.
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- Represented mechanical engineer in regard to the construction of a hospital and the allegedly defective ventilation system. The pre-litigation claim was that the system was inadequate to condition the air properly for surgery, thereby greatly limiting the use for the facility. We established that the problems with the ventilation were largely a combination of bad construction and owner changes, thereby significantly reducing the value of the claim and avoiding the filing of the lawsuit altogether.
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- Represented secondary aluminum recycler in lawsuit arising from alleged noxious and hazardous emissions from its facility in Tennessee. Through expert analysis and testing, we were able to demonstrate that Plaintiffs were unaffected by the emissions, even if they were occurring. As a result, we were able to negotiate a resolution that largely involved upgrades to the plant that were already being planned.
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- Represented apartment management and ownership companies in large scale claims of mold throughout the complex. By attacking each claim quickly and engaging experts to assist, we were able to reduce the total number of claims and address many through rent credits, rather than monetary settlements.
<>Represented City and its Engineer in a homeowner’s claim a sidewalk improvement project caused massive flooding and damage to historic property. We were able to establish that the flooding was related to private construction elsewhere and resolve the case for a nominal amount.
- Represented geotechnical engineer in a pre-litigation claim by apartment owner that settlement of building was the result of defective design. We were able to establish the design was not the cause of the damage, but rather the construction. As a result, we were able to avoid what would have been a multi-million dollar litigation.
- Represented geotechnical engineer in relation to a leaking underground storage tank remediation claim stemming from the alleged defective groundwater sampling and remediation plan formulated by the engineer. By mapping and fingerprinting the product at issue, we were able to raise significant questions as to the source of the alleged contamination and resolve the case for a nominal amount.
