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.