Kurt Fernsler is a shareholder in the Construction Services and Litigation Services Groups of Babst Calland and practices in the Pittsburgh as well as State College office. Mr. Fernsler has significant experience in negotiating and litigating construction and other commercial matters. Specifically, his construction experience includes representing contractors, subcontractors, owners, surety companies and utilities in drafting and negotiating construction contracts and in all manner of performance and payment disputes, including payment and performance bond claims and defenses, mechanics' liens, indemnity, insurance and claims surrounding delay, acceleration and similar construction-related issues. Mr. Fernsler's experience includes litigating and arbitrating these types of issues before various state and federal courts and the American Arbitration Association.
Prior to joining Babst Calland, Mr. Fernsler was one of the founding shareholders of a Pittsburgh-based law firm which specialized in banking, real estate finance and transactions, construction, surety, and public utility law. He also was a litigator for several years with a large international law firm where he was primarily engaged in representing owners, general contractors, construction lenders and surety companies in commercial construction projects including negotiating and drafting construction contracts from both the owner's and contractor's perspective.
Mr. Fernsler is a 1992 graduate of Pennsylvania State University with a B.S. in finance. He earned his J.D. from the Duquesne University School of Law in 1996.
Mr. Fernsler has presented on a variety of construction-related topics at numerous seminars and authored construction-related materials. A recent listing includes the following:
•Co-presenter, “10 Drafting Tips for Construction Documents - Common Contracting Concerns of Project Participants,” PBI's A Day on Real Estate, March 2015.
•Co-author, “Insurance and Bonding, “Miller Construction Guide,” CCH Incorporated, first published in 2003 and updated and revised periodically thereafter.
•Co-presenter, “Construction Law: Year in Review,” an annual seminar designed to provide a detailed review of the construction law developments in Pennsylvania from the prior calendar year, 2007-present.
•Co-author, “Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid,” PBI Press, 2010 and 2014.
•Co-presenter, “Prevailing Wage Law in Pennsylvania,” Lorman Education Services, June 18, 2010.
•Co-presenter and co-author, “Construction Contract Law and Litigation Update,” Pennsylvania Bar Institute, July 18, 2008.
•Co-presenter, “Real Estate Development From Beginning to End,” Lorman Education Seminar, June 2007.
Memberships and Affiliations
Mr. Fernsler is admitted to practice before the Supreme Court of Pennsylvania, the Supreme Court of Appeals of West Virginia, the United States District Court for the Western District of Pennsylvania and the United States District Court for the Southern District of West Virginia. He is a member of the Allegheny County and Pennsylvania Bar Associations. Mr. Fernsler has been listed in the Construction Law and Litigation - Construction Sections of The Best Lawyers in America since 2013. He has been recognized as one of Pennsylvania's top lawyers since 2010, according to an annual survey published in Philadelphia magazine.
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