Biography
Ben McFarland is the Firm’s Construction Law Team Leader. He is also the former Managing Member of the Firm’s Wheeling, West Virginia office, having served in that role for nearly five-years from 2019 – 2023. Ben concentrates his practice in litigation, representing energy, construction, and general industry companies before federal, state, and appellate courts. He is also a Fellow in the Construction Lawyers Society of America, and he maintains a very diverse construction practice, including drafting and negotiating construction contracts of all types, as well as providing day-to-day counsel to clients involved in all aspects of the construction industry. Finally, Ben routinely handles accident investigations, counseling clients from the onset of a workplace accident and throughout the entirety of the subsequent government agency investigation.
Prior to his legal career, Ben gained first-hand experience in the construction industry through his employment as a journeyman ironworker, during which time he was involved in the construction of the Washington Convention Center in Washington, D.C., as well as additions and renovations to a coal-burning power plant in Ohio. Through his unique experience in the construction industry, Ben fully appreciates the impact that safety has both on human capital and the economic success of his client’s business. Ben is a Member of Steptoe & Johnson PLLC’s Wheeling, West Virginia office. He resides in Belmont County, Ohio, with his wife, Brook, and their five children.
Court Admissions
- Supreme Court of Appeals of West Virginia
- Supreme Court of the State of Ohio
- U. S. District Court for the Northern District of West Virginia
- U. S. District Court for the Southern District of West Virginia
Representative Experience
- Assisted companies in navigating operational shutdowns due to catastrophic incidents
- Handled complex construction litigation involving allegations of defective design, faulty workmanship, and business interruption-related claims such as undue delay, an insufficient workforce, and unforeseen circumstances
- Defended multiple attorneys in various types of legal malpractice cases, including cases involving matters of first impression before the Supreme Court of Appeals of West Virginia
- Reviewed, negotiated, and revised a multi-million dollar guaranteed energy savings contract on behalf of the public Board of Education
- Represented oil and gas companies in lease disputes and trespass claims
- Successfully defended a large oil and gas company in a multi-million dollar construction dispute involving claims of breach of contract, fraud, and conspiracy
Licensed In
- Ohio
- Pennsylvania
- West Virginia
Education
- J.D. University of Toledo College of Law
Memberships
- Fellow, Construction Lawyers Society of America (2023)
- Board Member, The Seeing Hand Association, Inc.
- Pennsylvania Bar Association
- American Inn of Courts
Achievements
- The Best Lawyers in America®, Litigation – Insurance (2024-Present), Litigation – Real Estate (2024-Present), Personal Injury Litigation – Defendants (2024-Present), Professional Malpractice Law – Defendants (2024-Present)
- Super Lawyers Rising Stars®, Energy & Natural Resources Law, Professional Liability Law, Civil Litigation Law, Wheeling, WV (2014-2018)
- Burton Maddock Memorial Scholarship
- The Order of the Coif, University of Toledo College of Law
Speaking Engagements
- Co-Author, “It’s National Safety Month – Does Your Safety Manual Measure Up?” Under Construction, Ohio Valley Construction Employers Council (June 2018)
Publications
- Co-Author, “It’s National Safety Month – Does Your Safety Manual Measure Up?” Steptoe & Johnson PLLC Newsletter (June 2018)
- “Despite MSHA’s Contrary Position, Mobile Equipment Parked on a ‘Ready Line’ Does Not Necessarily Establish That it is “Ready” for Inspection for Purposes of the Mine Act,” Aggregates Manager Magazine (December 2013)
- “Ugly Decision in Black Beauty: Federal Mine Safety and Health Review Commission Approves Heightened Scrutiny, and Less Clarity, Over Proposed Settlements,” Aggregates Manager Magazine (December 2012)
Press Release
Legal Insight