our people

Gene Bailey brings distinguished academic, military, and professional experience to Hendrickson & Long, PLLC, along with strong national recognition as a top-notch attorney.

Gene received his Bachelor of Science in Engineering from the United States Military Academy at West Point, New York and his law degree from the West Virginia University College of Law. During law school, Gene served as a senior articles editor of the West Virginia University Law Review; he was also a staff member of the Journal of College and University Law.

Gene is an honor graduate of the United States Air Force Judge Advocate General School. He served 26 years in both the United States Army and the West Virginia Air National Guard, last holding the position of State Judge Advocate.

In his legal practice at H&L, Gene focuses on construction law and construction law litigation, including fidelity and surety issues, health and safety matters, and construction defect and delay claims. His practice areas also include labor and employment law, business and commercial law, general civil litigation, personal injury and wrongful death, product liability, and toxic tort and chemical exposure. Gene is also a seasoned arbitrator and mediator.

Gene is active in many national legal organizations, such as the American Bar Association, where he is a member of the Forum on Construction Law, the Tort Trial and Insurance Practice Section, the Labor and Employment Law Section, and the Fidelity and Surety Law Committee. He is also a member of Defense Research Institute (DRI), a national organization of civil defense attorneys. He is a member of DRI’s Construction Law and Employment and Labor Law Committees.

Gene stays involved in West Virginia’s legal community as well. He is the chairperson of the West Virginia State Bar’s Committee on Veterans and Military Affairs and a former member of the organization’s Board of Governors. Gene is also a member of Defense Trial Counsel of West Virginia, a state organization of civil defense attorneys. In fact, Gene is a member of DTCWV’s Construction Law Committee.

Gene also connects with the construction community as a liaison member of the American Institute of Architects Document Committee and as a member of the Contractors Association of West Virginia.

Gene has received many recognitions as a leading construction attorney in WV. Since 2013, Gene has been recognized by Best Lawyers in America^© in the field of Construction Law Litigation, and, since 2014, Super Lawyers^® has named Gene a Top Rated Construction Litigation Attorney in Charleston, WV. Gene was a charter fellow of the Construction Lawyers Society of America and holds a Martindale-Hubbell^® AV Preeminent rating for the highest level of professional excellence.

Off the job, Gene contributes as an active community member. He serves as a board member for the West Virginia Symphony Orchestra and is a member of the West Point Society of West Virginia.

Practice Areas

Arbitration and Mediation Services, Business Law, Civil Litigation, Construction Law, Employment Law, Personal Injury and Wrongful Death, Product Liability, Toxic Tort and Chemical Exposure

Education

Master of Logistical Engineering, The United States Air Force Air War College

U.S. Air Force Judge Advocate General School

J.D., West Virginia University College of Law

Staff, Journal of College and University Law

Phi Alpha Delta

Senior Articles Editor, West Virginia University Law Review

B.S., United States Military Academy

Bar Admissions

Supreme Court of Appeals of West Virginia

United States Court of Appeals for the Fourth Circuit

United States District Court for the Northern District of West Virginia

United States District Court for the Southern District of West Virginia

United States Court of Appeals for the Armed Forces

United States Air Force Court of Criminal Appeals

Awards and Achievements

Best Lawyers in America^©, Construction Law Litigation – Construction, 2013-Present

Charter Fellow, Construction Lawyers Society of America (CLSA)

Martindale-Hubbell^® AV Preeminent

Super Lawyers^®, Construction Litigation Attorney in Charleston, WV, 2014-Present

Affiliations and Community Involvement

Member, West Virginia State Bar

Co-Chair, Committee on Veterans and Military Affairs

Former Member, Board of Governors, 1996-1998

Barrister, Order of Maximus

Member, Defense Trial Counsel of West Virginia

Member, Construction Law Committee

Former President, Kanawha County Bar Association, 1994-1995

Member, American Bar Association

Member, Forum on Construction Law

Member – Division 7 Insurance, Surety and Liens

Member, Tort Trial and Insurance Practice Section

Member, Fidelity and Surety Law Committee

Member, Section of Labor and Employment Law

Member, Defense Research Institute

Member, Construction Law Committee

Member, Employment and Labor Law Committee

Liaison Member, American Institute of Architects Document Committee

Member, Association of Graduates, USMA

Member, Contractors Association of West Virginia

Member, Legislative Committee

Member, Trial Law Institute

Member, Diversity Law Institute

Society Leader, West Point Society of West Virginia

Board Member, West Virginia Symphony Orchestra

Publications and Presentations

Co-Author, New Disclosure Requirements Now Required for Contractors with West Virginia State Agencies, West Virginia Construction News (May/June 2017)

Author, Comment, West v. National Mines: Creation of Private Nuisance by Use of Public Property, 85 W. Va. L. Rev. 263 (1982)

Professional Highlights

U.S. Army, 1972-1981; WVARNG, 1990-1995, WVANG Staff Judge Advocate 130^th Airlift Wing, 1995-2003

Assistant U.S. Attorney, Southern District of West Virginia, 1995-1996

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

State Judge Advocate, WVANG, 2003 to 2009

Representative Matters

Represents contractors, owners, lenders, developers, suppliers, 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