Member
Litigation
J.D. University of Toledo College of Law
B.A. Ohio University
Office:
Wheeling, WV
(304) 230-2337
Biography
Ben McFarland is the Managing Member of the Firm’s Wheeling, West Virginia office. He also serves as the Firm’s Construction Law Team Leader. Ben concentrates his practice in litigation, representing energy, construction, and general industry companies before federal, state, and appellate courts. He also represents attorneys involved in legal malpractice actions and in matters before the West Virginia Office of Disciplinary Counsel. 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.
Memberships & Awards
Professional
Named, 2014-2018 Edition of West Virginia Super Lawyers® Rising Stars for Energy & Natural Resources LawU.S. District Court, Northern District of West VirginiaU.S. District Court, Southern District of West VirginiaWest Virginia Supreme Court of Appeals Pennsylvania Bar AssociationAmerican Inn of CourtsOrder of the CoifRecipient of the Burton Maddock Memorial Scholarship
Key Experience
Routinely assists companies in navigating operational shutdowns due to catastrophic incidents
Complex construction litigation involving allegations of defective design, faulty workmanship, and business interruption related claims such as undue delay, 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
Know-How
Work Experience
2016 Steptoe & Johnson PLLC
2005-2016 Jackson Kelly PLLC
2005-2016 Jackson Kelly PLLC
Speaking Engagements
Co-author, “It’s National Safety Month—Does Your Safety Manual Measure Up?” Under Construction, Ohio Valley Construction Employers Council, 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, Dec. 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, Dec. 2012