Defense verdict in favor of a railroad tie manufacturer on May 3, 2017, in Blount County, Alabama.
Joe Duncan stands at the ready for his clients. With a quiet confidence and fiercely competitive spirit, he is always prepared to strategically and efficiently defend his clients. Joe believes firmly in putting clients first and never losing sight of the big picture. As a result, his clients have come to trust on him to be skilled, resourceful, dependable and fearless.
Since joining the firm in 2003, Joe has built a practice that consists of the defense of claims relating to personal injury, product liability, contractual disputes and insurance defense at both the trial and appellate levels. He works for clients ranging from Fortune 500 companies to contractors and startup businesses. Using lessons learned from litigation, Joe spends a great deal of time working with contractors, trade groups and insurance carriers to proactively reduce the risk of liability. Joe successfully argued before the Alabama Supreme Court to have the statute of limitations for wanton personal injury claims reduced from six years to two years. He also proposed the “accepted-work doctrine” to the Alabama Supreme Court to limit road builder liability. The Court applied the doctrine reversing a $7.5 million verdict in favor of plaintiffs and rendered the judgment in favor of the defendant.
When he’s not working, Joe finds time to coach baseball and involve himself in charity work. He also runs half marathons, travels and plays Santa Claus at Christmas. He is married to Ellen, and they have two children, Porter and Sophie.
Joe earned his BS from Auburn University and his JD from The University of Alabama School of Law.
Bar & Court Admissions
Alabama State Bar
United States District Courts for the Northern, Middle, and Southern Districts of Alabama
Alabama Defense Lawyers Association
American Bar Association
Birmingham Bar Association
Claims and Litigation Management Alliance
Defense Research Institute
Journal of American Law
Favorable arbitration award on behalf of a local contractor in October 2016
Resources & News
Distinctions & Contributions
Co-Author, "Builders vs. Mother Earth: Coastal construction growth promises more builders claims for natural catastrophe damage," Construction Claims, Summer 201702
Included in Birmingham Magazine Top Attorneys 2017 listing040506
Listed by Super Lawyers (2013-2017)07
Certified Litigation Management Professional (CLMP) designation awarded by Claims and Litigation Management Alliance (2016)08
Presenter, Claims and Litigation Management Alliance 2016 Claims College School of Construction in Baltimore09
Speaker, Claims and Litigation Management Alliance 2016 Annual Conference in Orlando10
Speaker, Alabama Road Builders Association 2016 Annual Convention in Georgia11
“AV” rated by Martindale Hubbell12
Recognized among Birmingham’s best construction attorneys by Birmingham Magazine13
Listed among Birmingham’s Best Attorneys by b metro magazine14
Published in the Alabama Law Review and serves on the editorial board for construction and real estate for the Journal of American Law15
"The Subcontractor Revolution" Litigation Management Magazine, 201416
"Alabama Supreme Court Recognizes Acceptance Doctrine" Alabama Construction News, 201317
"Liability Concerns for Out-of-State Projects" Alabama Construction News, 201318
"Alabama Indemnity Basics" Alabama Construction News, 201219
"Alabama Supreme Court Restores Two Year Statute of Limitations for Claims of Wantonness" Alabama Defense Lawyers Association Journal, 201120
"Alabama Legislature Modifies Rule of Repose for Contractors" Alabama Construction News, 201121
"What You Need to Know About Accident Investigations" Alabama Construction News, 201122
"The Alabama Supreme Court's Modification of The Rule of Repose" Alabama Construction News, 201023
"Alabama’s Contractor Statute of Repose" The Alabama Roadbuilder, 2010