Gene Bailey
Contact Gene Bailey
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
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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 the 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.
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 130th 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 the 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
