Brian M. McQuaid is a trial lawyer with jury and bench trial experience in state and federal courts, as well as in arbitration proceedings. Brian’s practice focuses on construction, toxic tort, and commercial litigation cases involving complex factual and evidentiary review and analysis, including actively managing the discovery and evidentiary presentation in such complex cases.

Brian’s clients include energy, mining, smelting and chemical companies, Fortune 500 companies in other industries, as well as municipalities.

• In the area of construction litigation, Brian represents engineering, procurement and construction (EPC) clients and owners in project claims administration, breach of contract and breach of warranty disputes.
• In the area of toxic torts, he represents clients against claims regarding alleged exposure to lead, arsenic, cadmium, benzene and other purported toxic substances.
• In the area of commercial litigation, he regularly represents clients in complex fraud, breach of contract and bankruptcy disputes in state, federal and United States Bankruptcy Courts.

In conjunction with the defense of these client cases, Brian works closely with experts in a variety of scientific disciplines including toxicology, metallurgy, epidemiology, industrial hygiene, neuropsychology, computer forensics, history, standard of care, tax, economics, scheduling and accounting.

Brian is currently a member of the Arizona State Bar Ethics Committee, which is responsible for drafting formal and informal opinions concerning the application of the Arizona Rules of Professional Responsibility that govern the ethical practice of law. He has taught several continuing legal education courses pertaining to legal ethics and professionalism.

Prior to joining Squire Sanders, Brian worked as an assistant city attorney and prosecutor in the states of Arizona and Washington. He has represented municipalities in civil litigation, nuisance abatement and zoning enforcement actions.

Brian has been a presenter for the American Law Institute/American Bar Association on issues pertaining to the Class Action Fairness Act. He also has been a guest on National Public Radio discussing issues related to juvenile curfew laws and public safety.

Representative Experience

Construction

• Representing the engineering, procurement and construction (EPC) contractor in domestic arbitration of consolidated disputes involving pass-through, delay, acceleration, changed site conditions and contract close-out claims, which involved nearly 70 hearing days, relating to construction of a 790 MW power plant.
• Representing a national home builder in construction litigation relating to alleged breaches of warranties, breach of contract, fraud and negligence claims relating to the builder's compliance with applicable Registrar of Contractor, municipal and state agency building codes.
• Representing the City of Goodyear in construction litigation relating to the city's alleged breach of an Infrastructure Development Agreement, Development Agreement and Land Conveyance Agreement as well as defending unjust enrichment and accounting claims arising out of the construction of the Spring Training Baseball Stadium and related practice facilities for Major League Baseball teams.
• Representing an owner in litigation arising out of alleged breaches of contract and request for an accounting by the obligor on a letter of credit following the owner's termination of the general contractor and application of the letter of credit funds to complete the construction project.
• Representing an electrical and lighting contractor in claims relating to alleged breaches of implied and express warranties arising out of the installation of lighting in a commercial construction project.
• Counseling an EPC contractor on issues related to the negotiation and preparation of joint venture agreements and teaming arrangements during project development and bidding.
• Counseling the EPC contractor on delay, acceleration and changed site condition claims as well as related contractual amendments during a multiyear construction project.

Toxic Tort

• Defending a chemical company in a complex class action involving property damage and medical monitoring claims involving alleged exposure to lead oxide, cadmium, arsenic and zinc.
• Defending one of the world's largest copper refiners against various personal injury and property damages claims allegedly arising out of the company's copper and lead mining and smelting operations.
• Defending a mining client in complex toxic tort litigation that resulted in the successful resolution of more than 400 individual plaintiffs' claims for alleged exposure to lead sulfide.