our people

Gene Bailey | H and L

214 Capitol St.
Charleston, WV 25301

Tel: (304) 346-5500
Direct: (304) 720-5515
Mobile: (304) 550-8499
Fax: (304) 346-5515
Email: gbailey@handl.com

Education

  • J.D., West Virginia University (1984)
    •  Senior Articles Editor, West Virginia Law Review
    •  Phi Alpha Delta
    •  Staff, Journal of College and University Law
  • B.S., United States Military Academy 
  • U.S. Air Force Judge Advocate General School

Bar Admissions

  • West Virginia Supreme Court of Appeals
  • U.S. Court of Appeals Fourth Circuit
  • U.S. District Court for the Northern District of West Virginia
  • U.S. District Court for the Southern District of West Virginia
  • U.S. Court of Appeals for the Armed Forces
  • U.S. Air Force Court of Criminal Appeals

Affiliations and Professional Associations

  • American Bar Association
    • Forum on the Construction Industry
      • Member, Steering Committee – Insurance, Surety and Liens (Div. 7)
    • Tort Trial and Insurance Practice Section
      • Fidelity and Surety Law Committee
    • Section of Labor and Employment Law
  • Liaison Member, American Institute of Architects Document Committee
  • West Virginia State Bar
    • Chair, Committee on Veterans and Military Affairs
    • Board of Governors 1996-1998
  • Kanawha County Bar Association
    • President 1994-1995
  • DRI
    • Construction Law Committee
    • Employment Law Committee
  • Defense Trial Counsel of West Virginia
    • Construction Law Committee
  • Contractors Association of West Virginia
    • Legislative Committee
    • Program Committee
  • President, West Point Society of West Virginia
  • Association of Graduates, USMA

Professional Highlights

  • State Judge Advocate, WVANG, 2003 to 2009
  • Assistant U.S. Attorney, Southern District of West Virginia, 1995-1996
  • U.S. Army, 1972-1981; WVARNG, 1990-1995, WVANG Staff Judge Advocate 130th Airlift Wing, 1995-2003
  • Association of Graduates, USMA
  • Board Member, West Virginia Symphony Orchestra
  • Author, Comment, “West v. National Mines: Creation of Private Nuisance by Use of Public Property,” 85 West Virginia Law Review 263, 1982
  • Chairman, West Point Society of West Virginia
  • Gov. Earl Ray Tomblin’s Commission of Military Spousal Licensure
  • Gov. Earl Ray Tomblin’s Support Enforcement Commission
  • Gov. James Justice Transition Team – Infrastructure Development

Representative Matters

  • Represents contractors, owners, lenders, developers, suppliers, subcontractors and design professionals in construction law matters, including arbitration, mediation and litigation
  • Represents contractors and owners in litigation in state and federal courts in construction claims and disputes
  • Represents contractors in matters before the West Virginia Division of Labor in prevailing wage and job classification disputes
  • Represents contractors, owners and subcontractors in filing, enforcing and defending mechanic’s lien actions
  • Drafts and reviews contracts, subcontracts and other contract documents for owners, contractors and subcontractors
  • Represents employers before United States Department of Labor on MSHA and OSHA matters
  • Represents engineers and architects in professional negligence claims
  • Represents employers in labor and employment law matters
  • Represents sureties in performance and payment bond matters
  • Represents sureties in subrogation, indemnification and bad faith claims