Biography
Tony W. Fehrenbacher is a litigation partner. For over two decades, Tony has successfully prosecuted and defended high-stakes and complex construction claims on behalf of construction contractors, major material vendors and design professionals throughout the United States. Raised within the construction industry, his early foundational exposure to industrial construction operations provides him with a rare and sophisticated understanding of the structural, logistical, and technical nuances that drive modern project delivery and dispute resolution.
Tony’s national practice centers on three core pillars: complex construction litigation, construction insurance coverage matters, and the strategic defense of construction entities involving federal and state OSHA safety issues. Operating with a robust multi-jurisdictional footprint, he seamlessly coordinates legal strategy for construction clients on a coast-to-coast basis. He is admitted to practice before nine different state Supreme Courts as well as multiple federal jurisdictions, including the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit.
A defining differentiator of Tony’s practice is his extensive knowledge of institutional insurance mechanisms that address commercial construction risks. He stands among a select tier of construction attorneys nationwide certified by the Insurance Risk Management Institute (IRMI) as a Construction Risk Insurance Specialist (CRIS)—a distinction he has maintained continuously since 2015. He regularly counsels construction clients through the intricacies of project insurance portfolios, including Commercial General Liability (CGL), professional liability, builder’s risk, wrap-up programs (OCIPs/CCIPs), and specialized project management coverages. An accomplished advocate in high-value coverage disputes, he is also a recognized authority who addresses national audiences on construction insurance coverage issues and litigation as well as workplace safety compliance.
This potent combination of practical industrial acumen, rigorous litigation experience, and niche insurance expertise has earned Tony widespread recognition from construction clients, his peers, and elite professional societies. He is Charter Fellow in the Construction Lawyers Society of America (CLSA) and is honored for legal excellence, maintaining a multi-year inclusion through present in The Best Lawyers in America© (Construction Law, Litigation – Insurance, and Litigation – Construction), Super Lawyers © (Construction Litigation, Insurance Coverage, and Business Litigation), and Martindale-Hubbell’s highest definitive honor, the AV Preeminent® Peer Review Rating.
Education
University of Notre Dame, J.D.
Indiana University, B.A., Honors
Court of Admissions
- Supreme Court of Illinois
- Supreme Court of Indiana
- Supreme Court of Iowa
- Supreme Court of Kansas
- Supreme Court of Kentucky
- Supreme Court of Missouri
- Supreme Court of Nebraska
- Supreme Court of Tennessee
- Supreme Court of Texas
- United States Court of Appeals for the Federal Circuit
- United States Court of Federal Claims
- United States Court for the District of Colorado
- United States Court for the Southern District of Indiana
- United States Court for the Eastern District of Kentucky
- United States Court for the Western District of Kentucky
- United States Court for Central District of Illinois
- United States Court for Southern District of Illinois
- United States Court for the Eastern District of Missouri
- United States Court for the Southern District of Texas Bankruptcy
Professional Involvement
American Bar Association
- Forum on Construction Law, Division I: Litigation & Dispute Resolution; Division V: General Contractors; Division VII: Insurance, Surety & Liens; Division IX: Subcontractors & Suppliers
Illinois State Bar Association
- Construction Law Section
Indiana State Bar Association
- Construction & Surety Law Section
Iowa Bar Association
- Construction Law Section
Kansas Bar Association
- Construction Law Section
Kentucky Bar Association
- Construction & Public Contract Law Section
Missouri Bar Association
- Litigation Division, Construction Law Committee
Nebraska Bar Association
- Construction Law Section
Tennessee Bar Association
- Construction Law Section
Texas Bar Association
- Construction Law Section
Associated Builders and Contractors (ABC) of Indiana/Kentucky
Associated General Contractors (AGC) of Indiana
Diversity Law Institute (DLI)
Tennessee Association of Construction Counsel (TACC)
Trial Law Institute (TLI)
Certifications
Construction Insurance & Risk Specialist (CRIS) by the International Risk Management Institute, Inc. (IRMI)
Awards
The Best Lawyers in America® 2027
Super Lawyers®
- Construction Litigation
- Insurance Coverage
- Business Litigation
Construction Lawyers Society of America (CLSA)
- Charter Fellow
- Construction Law
- Litigation – Construction
- Construction Law
The Best Lawyers in America® 2019-2023
- Construction Law
- Litigation- Insurance
- Litigation – Construction
Martindale-Hubbell’s AV Preeminent® rating
Representative Experience
- Served as first chair trial lawyer in trials to verdict including trials involving project nonpayment, performance and termination issues.
- Defended construction client from a large multimillion-dollar defective work claim by an international manufacturer owner including multiple factory locations. The dispute involved complex general liability coverage issues. Tony resolved the dispute so that his construction client paid nothing.
- Defended construction client in catastrophic bodily injury litigation arising from an industrial construction accident. The litigation involved complex insurance coverage issues and project site safety issues. Tony resolved the dispute so that his construction client paid nothing.
- Prosecuted large differing site conditions (DSC) claim against public utility project owner and project design professionals involving complex general liability and professional liability insurance coverage issues.
- Obtained judgment for contractor client against public entity arising from a contract and DSC dispute involving a large public utility project. Contractor client received payment in full on all invoice amounts.
- Secured an injunction against a public entity and then successfully overturned that entity’s award of a large multimillion-dollar construction package to a client’s competitor in violation of public bid laws.
- Served as lead counsel in drafting and reviewing construction project insurance terms and conditions for the firm’s various construction client’s contracts.
- Counseled multiple construction contractors in situations where an OSHA entity opened a file on a jobsite safety matter but ultimately closed the same with no citation being issued to Tony’s client.
- Defended contractor clients against OSHA safety citations resulting in dismissal of all safety orders and fines in matter where worker fell from elevated platform resulting in worker’s permanent paralysis.
