Ben M. McFarland


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.

Representative 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, 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
  • Routinely represents 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


  • J.D. University of Toledo College of Law
  • B.A. Ohio University


  • Chair, Safety and Health Subgroup, Defense Trial Counsel of West Virginia
  • Board Member, The Seeing Hand Association, Inc.
  • U.S. District Court, Northern District of West Virginia
  • U.S. District Court, Southern District of West Virginia
  • West Virginia Supreme Court of Appeals
  • Pennsylvania Bar Association
  • American Inn of Courts
  • Order of the Coif


  • Named, 2014-2018 Edition of West Virginia Super Lawyers® Rising Stars for Energy & Natural Resources Law
  • Recipient of the Burton Maddock Memorial Scholarship


  • 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

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