Tony W. Fehrenbacher

EVANSVILLE OFFICE

20 N.W. First Street, Suite 200
Evansville, IN 47708
Phone: (812) 425-5200
Fax: (812) 425-2464

VCARD

Tony W. Fehrenbacher is an attorney with first-hand experience working in industrial construction settings.  Tony uses his background in construction and over a decade of experience representing prime contractors, subcontractors and suppliers in arbitrations and jury and bench trials before state and federal courts.  Tony’s experience includes prosecuting and defending multi-million dollar payment (lien, verified claims, owner personal liability, and bonds) and performance-related claims, and successfully challenging improprieties in public project bid processes. Tony has received formal OSHA training and certification which he implements in advising contractors concerning safety inspections and in formal proceedings before state OSHA entities.

Tony is also a certified Construction Insurance & Risk Specialist (CRIS) by the International Risk Management Institute, Inc. (IRMI).  Tony understands the legal intricacies of insurance coverages available to construction contractors, including, but not limited to, form policies (including ISO GL and Property coverage forms and endorsements) and insurer-specific builders risk policies and their respective applications in construction project contexts.  Tony frequently represents construction contractors in complex liability insurance coverage disputes.

Professional Experience

  • Successfully defended contractor client against safety citation by OSHA resulting in dismissal of all safety orders and fines in matter where worker fell from elevated platform resulting in worker’s permanent paralysis.
  • Successfully defended contractor client from a $1,000,000 defective work claim by an international manufacturer owner in which contractor client paid nothing.
  • Successfully contested the award of a contract for acoustical/drywall work scope by a public school district to another contractor, resulted in a Court Order declaring the awarded contract as invalid and unenforceable and ordering the public school district to award a contract for the acoustical/drywall work scope to contractor client.
  • Successfully prosecuted $500,000 lien claim for contractor client where over-budget project had $1,500,000 in unsatisfied mechanics liens, where project’s owner was bankrupt, and where project lender terminated construction prior to completion.
  • Successfully defended general contractor client in underfunded construction project from $500,000 in nonpayment claims asserted by 50 different subcontractors and suppliers.
  • Successfully prosecuted nonpayment breach of contract claim for road/bridge material supplier client to jury verdict.
  • Successfully prosecuted a nonpayment claim for contractor client where prime contractor was bankrupt and a national construction firm serving as construction manager opposed contractor client’s bond and lien claims.
  • Successfully collected on $2,000,000 judgment in favor of contractor client against joint venture prime contractor.
Construction Claims
Construction Insurance Coverage/Claims
Risk Management
Civil Litigation
Business Services
University of Notre Dame, J.D.
Indiana University,B.A., Honors
Supreme Court of Tennessee
Supreme Court of Kentucky
Supreme Court of Illinois
Supreme Court of Indiana
Supreme Court of Texas
Supreme Court of Iowa
United States Court of Appeals for the Federal Circuit
United States Court of Federal Claims
United States Court for the Western District of Kentucky
United States Court for the Southern District of Indiana
  • American Bar Association
    • Forum on Construction Law
    • Division II Public Contract Law Section
    • Litigation Section
    • Construction Litigation Subsection
  • Indiana State Bar Association, Construction & Surety Law Section
  • Illinois State Bar Association, Construction Section
  • Kentucky Bar Association, Construction & Public Contract Law Section
  • Tennessee Bar Association, Construction Section
  • Tennessee Association of Construction Counsel
  • Indiana Construction Association
  • Associated Builders & Contractors, Inc., Indiana/Kentucky Chapter
  • State Bar of Texas, Construction Section
  • Iowa State Bar Association, Construction Law Section
  • Charter Fellows of CLSA (Construction Lawyers Society of America)
  • Member of DLI (Diversity Law Institute)
  • Member of TLI (Trial Law Institute)