James R. Watson

Jim Watson offers the clients of WallacePledger the knowledge and insight gained from combining 25 years of counsel on factually and legally complex issues with 25 years of "first chair" experience in trying over 100 cases. Building on the analytical and advocacy skills that enabled him to win both the "best advocate" and "best brief" awards while attending West Virginia University College of Law, his litigation experience now includes having served as counsel of record in nearly 20 cases in which there are published opinions by state and federal courts, and government contract boards.

AREA OF CONCENTRATION

Construction Contracts and Construction Claims

Jim's career in the area of public procurement and construction law began while serving as an assistant Judge Advocate in the JAG Corps at Fort Eustis, Virginia. Since that time, he has continuously provided legal services to clients involved in the construction process be they owners, contractors, or design professionals.

Prior to returning to Virginia and joining WallacePledger in 2003, Jim was a partner for more than twenty years with the largest law firm in West Virginia, Steptoe & Johnson, PLLC. While with that firm, he served as lead counsel on several sizable construction claims involving such notable projects as the New River Gorge (the largest steel arch brindge in the world), the Ruby Memorial Hospital at West Virginia University, the Marshall University Football Stadium, and Interstate 68 at Coopers Rock State Forest. His experience includes representation in cases having actual or alleged construction or design failures involving curtain walls, masonry walls, pre-engineered buildings, gabled roofs, earthen dams, storage silos, sidehill slips, education facilities, infrastructure projects, steel bridges, concrete bridges, and various other structures.

In his thirty year legal career, Jim has tried over one hundred cases including trials before federal boards of contract appeals. He has served as litigation trial and appellate counsel in twenty reported decisions by state courts, federal courts, and boards of contract appeals.

RELATED AREAS OF PRACTICE AND EXPERIENCE

Suretyship
Jim's familiarity with construction projects has led to his providing counsel not only on claims against traditional construction bonds but also on claims involving fiduciary and miscellaneous bonds. Prior to returning to Virginia, Jim served as the West Virginia Chair of the ABA's Fidelity & Surety Law Committee for several years.

Design Professional Liability

Jim's knowledge of construction practices and responsibilities also resulted in his representation of numerous architects and engineers. During his career, he has provided representation to design professionals through most of the larger professional liability insurers.

Issues Involving Insurance Coverage

Jim's early involvement with insurance contracts and issues of property and construction law resulted in numerous clients requesting his assistance in evaluating and handling claims involving builders' risk, property, and commerical liability insurance policies. Concurrent with the initial years of his development as a "construction lawyer," for eight years he evaluated and tried numerous cases of suspected insurance fraud.

Liabilities Incidental to the Purchase and Sale of Real Estate Property

Jim's trial experience in cases involving construction issues, property law, and design professional liability, also has led to providing representation in cases asserting liability arising from alleged errors by real estate brokers and agents.

Construction Site Accidents and Injuries

Jim's trial experience, knowledge of construction practices, and familiarity with the division of responsibilities assigned by construction contracts, also has resulted in his providing representation in cases where there are personal injuries and death arising from construction activities.

REPRESENTATION IN CASES BEFORE COURTS AND BOARDS HAVING PUBLISHED DECISIONS

The Clark Construction Group, Inc. v. Architect of the Capitol of the United States. (Contract Appeal Board 2004). [decision pending]

Affiliated Construction Trades Foundation v. University of West Virginia Board of Trustees, 210 W. Va. 456, 557 S. E. 2d 863 (2001).

Teter v. Old Colony Company, 190 W. Va. 711, 441 S.E.2d 728 (1994).

Rashid v. Schenck Construction Co., 843 F.Supp. 1081 (S.D. W.Va. 1993).

Rashid v. Schenck Construction Co., 190 W.Va. 363, 438 S.E.2d 543 (1993).

Elco Mechanical Contractors, Inc. v. Builder's Supply Ass'n of W.Va., 832 F.Supp. 1054 (S.D. W.Va. 1993).

Baber v. Fortner, 186 W.Va. 413, 412 S.E.2d 814 (1991).

Dewey v. Board of Zoning Appeals, 185 W.Va. 578, 408 S.E.2d 330 (1991).

In re Elden Rider, Inc., GSBCA, No. 8643, 90-2 BCA § 22, 878 (1990).

Elkins Manor Associates v. Eleanor Concrete Works, Inc., 183 W.Va. 501, 396 S.E.2d 463 (1990).

American Hardware Mutual Ins. v. BIM, Inc., 885 F.2d 132 (4th Cir. 1989).

Waco Equipment Co. v. B.C. Hale Construction Col, Inc. 182 W.Va. 381, 387 S.E.2d 848 (1989).

Hayseeds, Inc. v. State Farm Fire & Casualty, 177 W.Va. 323, 352, S.E.2d 73 (1986).

Bell v. Inland Mutual Insurance Company, 332 S.E.2d 127 (W.Va. 1985), appeal dismissed, cert. denied Camden Fire Ins. Ass'n v. Justice, 474 U.S. 936 (1985).

Mutafis v. Erie Ins. Exchange, 561 F.Supp. 192 (1983); questioned certified 728 F.2d 672 (4th Cir. 1984); certified questions answered 328 S.E.2de 675 (W.Va. 1985); certified questions conformed to 775 F.2d 593 (4th Cir. 1985).

American Bridge Division of United States Steel v. Department of Highways, 15 Ct. of Claims 227 (W.Va. 1985).

Gaines v. Drainer, 186 W.Va. 547, 289 S.E.2d 184 (1982).

A.J. Baltes, Inc. v. Department of Highways, 13 Ct. of Claims 1 (W.Va. 1981).

Tamaro, Inc. v. West Virginia Higher Education Policy Commission, 24 Court of Claims 244 (W. Va. 2003).

American Insurance Co. v. Frischkorn, 173 F. Supp. 2d 514 (S.D. W. Va. 2001).

PROGRAM SPEAKER AND CONTRIBUTING WRITER OF COURSE MATERIAL

2004 "Advanced Construction Law in Virginia" presented by National Business Institute on June 11, 2004 in Norfolk, Virginia.

2003 "Construction Overview and Update in Virginia" presented by Lorman Educational Services on October 23, 2003 in McLean, Virginia.

2002 "Construction Contracting with Public Entities in West Virginia" presented by Lorman Educational Services on June 19, 2002 in Charleston, West Virginia.

2000 "The Design/Build Deskbook," Second Edition, published by the American Bar Association's Forum on the Construction Industry. [West Virginia Law portion]

2000 "Current Legal Issues Facing Engineers" presented as a part of the Continuing Studies of the School of Environmental Sciences of Marshall University.

2000 "A Project Representative's Guide to Construction Issues" presented to project and field representatives of the Abandoned Mine Lands Section of the West Virginia Department of Environmental Protection.

2000 "Using Land Use Controls to Enhance Development and Quality of Life" a public seminar and forum presented by the Greenbrier Community College, Lewisburg, West Virginia.

2000 "Problems in Municipal Annexation" presented at the annual meeting of the West Virginia Municipal League.

2000 "West Virginia Construction Law" presented by National Business Institute on April 18, 2000 in Charleston, West Virginia. [Repeat of program presented in 1999]

1999-1990 Invited annual lecturer on construction law to graduate engineers and construction managment students at Virginia Tech through program sponsored by the Construction Law Committee of the Virginia State Bar.

1999 "Advanced Construction Law in West Virginia" presented by National Business Institute in Charleston, West Virginia.

1999 "West Virginia Construction Law" presented by National Business Institute on February 25, 1999 in Charleston, West Virginia. [Repeat of program presented in 1998]

1999 "Trying to Avoid or Deal with Potential Engineering Liability" presented to the joint conference on highway and transportation issues sponsored by the West Virginia Association of Consulting Engineers, Region 5 of the Federal Highways Administration, and the West Virginia Department of Highways.

1998 "Authority for, Trends of, and Challenges to Developing Land Use Law in West Virginia" presented at the 1998 Planning Instituted of the West Virginia Planning Association.

"Common Legal Problems Encountered by Home Builders" presented to the Southern West Virginia Home Builders Association.

1997 "Concerns and Common Ground in the furnishing of Engineering Services" presented at the Joint Transportation Conference sponsored by the West Virginia Association of Consulting Engineers, Region 5 of the Federal Highways Administration, and the West Virginia Department of Highways.

"Rights, Duties and Liabilities of Design Professionals" presented at the 33rd Annual Fall Technical Conference, WV University Institute of Technology which was jointly sponsored by Student Chapter and Charleston Branch of American Society of Civil Engineers and the West Virginia University Institute of Technology, Montgomery, West Virginia.

"Architect and Engineer Liability in West Virginia" presented by Loran Business Institute.

1996 "Changing Construction Project Delivery Systems" Co-Instructor
Jointly presented by Contractors Association of West Virginia and
West Virginia Society of Architects.

1991 "Liability of the Consulting Designer in Contractor Claims Against the State and in Tort for Negligent Design" presented at the annual meeting of Southeastern Association of State Highway and Transportation Officials

"Issues in Presenting Expert Witness Testimony" presented by West Virginia Continuing Legal Education

1990 "The New 'Impact Fee' Statute: Exacting Fees from Developers for Cost of Public Improvements" presented by the Berkeley County Chamber of Commerce in Martinsburg, West Virginia

"Avoiding Engineering Liability in Design and Construction Contracts" presented by West Virginia Institute of Technology in Montgomery, West Virginia