West Virginia Contractor Negligence Lawyers

When a contractor is hired to develop, build, expand, or repair a property, the expectation is that they will do it right. If you experience injuries or other damages from a lack of skill or care during a construction project, you may be able to bring a claim for contractor negligence. The team at Bailey, Javins & Carter, L.C. specializes in civil law, including contractor negligence cases throughout West Virginia. These cases can be complex, so it’s essential to work with a firm that understands construction law and has a proven track record of success. Contact our office today to schedule a free initial consultation. 

Understanding Contractor Negligence

Unfortunately, some contractors fail to adhere to basic standards and building codes during design and construction. If you are a property owner, you trust these professionals to perform their job and produce a safe structure that will last. 

Contractor negligence can affect commercial and residential property owners, homeowners and condominium associations, workers, and investors, to name a few. You may be entitled to compensation if you hired a contractor to complete a job and they failed to exercise a reasonable degree of skill or care, leading to a serious accident.

While there’s nothing simple about a construction project, there are processes and procedures in place to ensure things are done safely and correctly. The various individuals responsible for completing these projects who may also be held responsible for negligence include:

• Architects
• Engineers
• Surveyors
• General contractors
• Subcontractors
• Project managers
• Materials suppliers

Some typical examples of contractor negligence include:

• Failing to secure necessary licensing and permits
• Inadequate project design
• Taking shortcuts on labor and materials
• Failure to properly select licensed contractors
• Failure to train and supervise workers
• Dangerous or reckless behavior on a job site
• Improperly charging for construction services or materials

How Courts Establish Contractor Negligence

Once hired, contractors are expected to exercise a reasonable degree of workmanship, skill, and care. If harm results from their work, including structural damage, injuries, or other financial losses, a contractor may be held accountable through a civil action. 

However, proving negligence in these cases can be complicated. To win, you must be able to establish several elements:

• Standard of Care and Duty — You must establish that a contractor hire, such as an electrician, roofer, or architect, owed a duty of care to you. 
• Breach of Duty — Next, you must establish that the contractor breached their duty, such as failing to install an electrical system correctly. 
• Causation — The breach should be the cause of the loss or injuries, such as a building burning down due to faulty electrical wiring. 
• Damages — Finally, you must show that you suffered actual damages due to the contractor’s negligence, such as property damage, physical or emotional damages, or other financial damages. 

Examples of Contractor Negligence in West Virginia

2015 Yeager Airport Landslide

In 2015, the world’s largest engineered slope at Charleston, WV’s Yeager Airport, failed in a historic case of faulty construction. The $25 million project involving 10 contractors was completed in 2007. When the hill collapsed in 2015, it destroyed a home and church and caused severe damage to other homes in the area. 

The airport filed a lawsuit for contractor negligence against multiple contractors involved in the project. Our firm represented Yeager Airport and the Central West Virginia Regional Airport Authority in the case, which resulted in a substantial settlement. 

2024 Barboursville Shopping Center Collapse

In February 2024, a road in Barboursville, WV, collapsed, taking parts of the Merritt Creek Shopping Center and Target store with it. Several homes in the area were also advised to evacuate. 

However, this should not come as a surprise because there were known problems with this property. According to a recent news report, a West Virginia lawsuit over two decades ago revealed land movement and damage to the property where the businesses now sit. If engineers and contractors ignored these issues and built on the land anyway, they could be held responsible for the latest collapse. 

Time Limits on Filing Contractor Negligence Claims

If you’ve been impacted by a negligent contractor, you don’t have an unlimited amount of time to take action. Claims for contractor negligence are subject to a statute of limitations. 

In West Virginia, you generally have two years from the time you knew or should have known there was a problem to take action for personal injury. However, if the action arises from a breach of contract, that period may be increased to 10 years. If you believe you have a claim, you should speak with a qualified attorney about your options. 

Speak With a West Virginia Attorney About Your Contractor Negligence Case

Contractor negligence cases can be incredibly complex, so hiring a knowledgeable attorney is critical. Construction involves many moving parts, and there could be numerous regulations and disputes that apply to your case. When you work with a personal injury lawyer, they can help you with:

Determining Liability

You need an attorney who has a deep understanding of local and state laws related to construction. This is necessary to evaluate the situation to determine which contractors should be held responsible for your damages. 

Proving Damages

Damages in contractor negligence cases can be substantial. But a defendant won’t pay what your case is worth unless you can substantiate those damages. Your attorney will have vast experience in this area. 

Hiring Expert Witnesses

Many contractor negligence cases require expert witness testimony to get the best possible results. Your attorney will have access to expert witnesses in your area, like other engineers, architects, contractors, and builders. 

Securing Compensation

Whether through negotiation or litigation, your attorney can employ the most effective strategies to get you the maximum compensation you deserve. 

Contact Our Firm for a Free Consultation with an Experienced Contractor Negligence Attorney

If you or someone you love has suffered an injury or sustained other damages due to contractor negligence in West Virginia, contact Bailey, Javins & Carter, L.C. for a free consultation and case assessment. We will thoroughly evaluate your situation and advise you of your legal rights and options. Our firm works on a contingency fee basis, meaning we don’t get paid unless you do. To get started, call our office today at (800) 497-0234 or message us online. 

Suffered Losses Due to Contractor Negligence in West Virginia? Contact a Contractor Negligence Lawyer Today

Can you sue a contractor for negligence?

If you or a loved one has experienced injuries or property damage due to a contractor’s negligence in West Virginia, you may be entitled to compensation. At Bailey, Javins & Carter, we have decades of experience handling cases involving construction-related accidents, faulty workmanship, and contractor misconduct. Our skilled legal team is committed to holding negligent parties accountable and securing the justice you deserve.

Consult With Us About Contractor Liability for Subcontractor Negligence, and Much More

Contractors are responsible for ensuring that their work is completed safely and up to code, among other things. When they cut corners, ignore safety regulations, or fail to meet industry standards, the consequences can be devastating. Victims may suffer from serious injuries, structural damage, or financial losses due to defective construction or unsafe job sites. Whether your case involves a residential, commercial, or industrial project, our contractor negligence attorney is prepared to fight for your rights.

Why Choose Bailey, Javins & Carter as Your Contractor Negligence Lawyer?

With a proven track record in personal injury and property damage claims, our firm has successfully represented clients throughout West Virginia in cases involving:

✔ Construction site accidents
✔ Unsafe building conditions
✔ Code violations and defective work
✔ Breach of contract and project abandonment
✔ Property damage caused by negligence

We understand how stressful and overwhelming these situations can be. That’s why we offer free consultations to evaluate your case and discuss your legal options with a contractor negligence lawyer today.

Contact Us Today for a Free Case Review

Don’t let a negligent contractor leave you with the burden of financial and emotional distress. Call Bailey, Javins & Carter at (800) 497-0234 or (800) 296-6979 to schedule your free consultation. You can also reach us through our online contact form. We’re ready to fight for the justice and compensation you deserve!

The Challenges of Proving Negligence in Complex Construction Cases

The foundation of any successful legal action in construction disputes hinges on proving negligence. In these cases, negligence is not simply an allegation but a detailed legal argument requiring evidence, expert testimony, and thorough analysis.

The complexities of construction litigation demand a rigorous investigation, where a contractor negligence lawyer and other specialized professionals meticulously reconstruct the series of events that led to a failure, injury, or financial loss.

Investigating Project History

A deep dive into the project’s documentation—permits, blueprints, and change orders—can reveal troubling patterns, revealing possible contractor negligence.

Blueprints serve as the official guideline for safe, compliant construction. Any deviation, whether due to cost-cutting, lack of oversight, or failure to obtain necessary approvals, could be a red flag. Key factors considered include:

•       Permit Violations: Were all necessary permits acquired? Were any revoked due to non-compliance?
•       Change Orders: Frequent, last-minute changes often indicate reactive decision-making, sometimes at the cost of safety.
•       Construction Timeline: Was the project rushed, leading to hasty, substandard work?
•       Inspection Reports: If inspectors flagged concerns that were ignored, it points to negligence.

Engineering and Geotechnical Data Analysis

The site’s underlying conditions play a crucial role in ensuring stability and longevity. Expert analysis of engineering reports, soil studies, and drainage plans helps uncover negligence, such as:

•       Soil Misrepresentation: Did preliminary tests misrepresent soil conditions, leading to poor foundation planning?
•       Drainage System Failures: Poorly designed drainage can cause erosion, shifting foundations, or flooding issues.
•       Load Calculation Errors: Structural engineers assess whether calculations underestimated the forces acting on a building, leading to cracks, sagging, or collapse.

Material Analysis and Quality Testing

A frequent issue in construction negligence cases is the use of substandard materials. Contractors may substitute inferior materials to cut costs, jeopardizing the integrity of the structure. Investigation strategies include:

•       Laboratory Testing: Materials such as concrete, steel, and wood undergo lab analysis to check for compliance with safety standards.
•       Supplier Contracts: Comparing actual materials with what was contracted helps identify discrepancies.
•       Construction Records: If substitutions were made, documentation (or lack thereof) can reveal whether this was done fraudulently or negligently.

Eyewitness Testimony and On-Site Observations

The firsthand experiences of construction workers, site inspectors, and local residents often provide critical evidence. Key testimonies may include:

•       Worker Accounts: Employees can testify about ignored safety warnings, rushed work, or unsafe conditions.
•       Resident Observations: Nearby residents may recall ground shifts, excessive vibrations, or concerning noises before structural failures occurred.
•       Whistleblower Reports: Anonymous tips from industry insiders sometimes reveal deliberate negligence or fraud.

The Role of Expert Witnesses in Legal Proceedings

Construction cases require a multidisciplinary team of experts to analyze and present findings in court. The following professionals often contribute to legal proceedings:

•       Structural Engineers: They assess whether design flaws contributed to failures.
•       Geotechnical Experts: They analyze soil and foundation integrity.
•       Material Scientists: They test construction materials for defects or fraud.
•       Safety Compliance Specialists: They evaluate whether industry regulations were followed.

Legal Precedents and Standards of Proof

To successfully prove negligence in a construction case, legal teams must establish the following elements:

1. Duty of Care: The contractor, engineer, or developer had a legal obligation to ensure safety and compliance.
2. Breach of Duty: The responsible party failed to uphold industry standards or regulatory requirements.
3. Causation: The failure directly resulted in damage, injury, or financial loss.
4. Damages: Tangible losses, such as repair costs, medical expenses, or property devaluation, must be demonstrated.

Attorneys rely on case law and regulatory frameworks, such as the Occupational Safety and Health Administration (OSHA) guidelines and building code requirements, to argue their cases effectively. Courts often reference past rulings to determine liability and assess damages.

What’s The Importance of a Comprehensive Legal Strategy?

Construction negligence cases require a thorough, methodical approach, with legal teams leveraging forensic engineering, historical records, and expert testimony to establish liability. Firms with experience construction litigation, such as Bailey, Javins & Carter, can help ensure that every angle is covered.

With multimillion-dollar projects and lives at stake, proving negligence in construction is more than a legal argument—it is about accountability, safety, and justice for those affected by failed construction practices.

What Are Examples of Contractor Negligence?

Contractor negligence is a serious issue that can lead to significant financial losses, structural failures, and even personal injuries.

As previously mentioned, the Yeager Airport runway extension failure is one such example, highlighting the devastating consequences of poorly executed construction projects. However, this case is far from unique. Across the residential and commercial construction industries, negligence by contractors has led to numerous legal battles, damaged properties, and unsafe environments.

Property owners rightfully expect contractors to complete projects with skill, care, and adherence to industry standards. When contractors fail in their duty of care, those affected may have legal recourse to seek compensation. Below are some of the most common types of contractor negligence that can result in serious consequences.

Failure to Obtain Required Permits and Licensing

One of the most fundamental responsibilities of a contractor is to ensure that all necessary permits and licenses are obtained before beginning a project. Failure to do so can lead to work stoppages, fines, legal disputes, and even project demolition by regulatory authorities. Unpermitted work may also void warranties and insurance coverage, leaving property owners vulnerable to additional costs and liabilities.

Example Case:

A contractor was hired to renovate a commercial building but failed to secure the proper building permits. When a city inspector discovered the unauthorized work, the project was halted, leading to costly delays and legal penalties for both the contractor and the property owner.

Negligent Selection of Workers and Subcontractors

A contractor is responsible for hiring competent workers and subcontractors to perform specific tasks. Negligent hiring practices, such as employing unqualified laborers or failing to conduct background checks, can result in subpar work, safety violations, and legal disputes.

Example Case:

A home remodeling contractor hired an unlicensed electrician to install new wiring. Due to improper wiring techniques, an electrical fire broke out, causing extensive property damage and endangering the occupants.

Failure to Properly Train Workers

Construction work requires specialized skills and adherence to safety protocols. Contractors who fail to provide adequate training put their workers and clients at risk. Inadequately trained employees are more likely to make mistakes, leading to structural failures, injuries, and liability claims.

Example Case:

A construction company failed to train workers on proper scaffolding assembly. As a result, a worker fell from an improperly secured scaffold, suffering severe injuries and leading to a lawsuit against the contractor for negligence.

Failure to Observe and Follow Safety Regulations

Regulatory bodies such as the Occupational Safety and Health Administration (OSHA) set strict safety guidelines to protect workers and the public. Contractors who ignore these regulations can cause serious accidents, injuries, and legal repercussions.

Example Case:

A roofing contractor neglected to enforce the use of fall protection equipment. As a result, a worker fell from a high roof, sustaining life-threatening injuries. The contractor faced fines and liability for failing to comply with safety regulations.

Poor Communication Between Workers and Subcontractors

Clear and effective communication is critical in construction projects. Miscommunication or lack of coordination between workers and subcontractors can lead to project delays, errors, and costly rework.

Example Case:

A general contractor failed to inform the plumbing subcontractor about changes to the building layout. As a result, plumbing lines were installed incorrectly, requiring extensive rework and additional expenses for the property owner.

Faulty Project Design

A poorly designed construction project can result in structural weaknesses, code violations, and costly modifications. Contractors are responsible for ensuring that designs comply with local building codes and engineering principles.

Example Case:

A contractor constructed a multi-story parking garage with inadequate structural support. The structure later developed cracks and was deemed unsafe, leading to an expensive demolition and rebuild.

Use of Substandard or Faulty Materials

To cut costs, some contractors use low-quality or defective materials, jeopardizing the integrity of the entire project. This unethical practice can lead to premature deterioration, costly repairs, and safety hazards.

Example Case:

A contractor used substandard concrete mix in a high-rise building project. Over time, the concrete began to crumble, causing serious structural concerns and requiring expensive repairs.

Defective or Faulty Work

Poor workmanship can manifest in various ways, from uneven flooring to structurally unsound walls. These defects can create long-term issues that require costly corrections.

Example Case:

A contractor improperly installed a home’s foundation, leading to severe cracks in the walls and uneven flooring. The homeowner had to invest in major foundation repairs, leading to a lawsuit against the contractor.

Reckless or Dangerous Behavior at the Job Site

Some contractors and their employees engage in reckless behavior, such as ignoring safety rules, operating machinery irresponsibly, or working under the influence of drugs or alcohol. Such behavior can lead to accidents and severe consequences.

Example Case:

A construction worker operated heavy machinery while intoxicated, causing a collision that injured another worker. The contractor was held liable for failing to enforce workplace safety standards.

Equipment Accidents Caused by Negligence

Construction equipment, when used improperly or left unsecured, can cause serious accidents. Contractors must ensure that workers are trained to operate machinery safely and that all equipment is maintained correctly.

Example Case:

A contractor failed to secure a crane properly, leading to its collapse on a nearby building. The resulting damage and injuries led to multiple lawsuits against the contractor.

Overcharging or Improperly Charging for Materials and Services

Unethical contractors sometimes inflate costs, charge for unapproved work, or bill for materials never used. This fraudulent behavior can lead to financial losses and legal action.

Example Case:

A contractor billed a homeowner for high-end materials but instead used cheaper alternatives. When the homeowner discovered the fraud, they took legal action to recover the overpaid amount.

Contractor negligence can take many forms, from failing to secure permits to using substandard materials or engaging in reckless behavior. Property owners should thoroughly vet contractors, review contracts carefully, and ensure that work complies with industry standards and safety regulations. If negligence occurs, affected parties may have legal options to seek compensation for damages.

By understanding the different types of contractor negligence, property owners can take proactive steps to protect themselves and ensure successful construction projects.