Kurt F. Fernsler
Kurt F. Fernsler is a construction attorney with extensive experience in representing general contractors, subcontractors and owners in all stages of public and private construction projects, including contract drafting and negotiation, claim preparation and defense and dispute resolution through litigation, arbitration and mediation. Mr. Fernsler’s practice typically involves mechanics’ lien claims, performance and payment bond matters and construction defect claims. His litigation experience includes cases in state and federal court in Pennsylvania and West Virginia as well as Pennsylvania’s Board of Claims.
For many of his contractor clients he also serves as “defacto” general counsel and assists with various types of corporate, employment and labor matters as well.
Prior to joining Burns White, Mr. Fernsler was a shareholder in a mid-size Pittsburgh-based law firm and prior to that was an associate in the construction law group of an international firm headquartered in Pittsburgh.
Mr. Fernsler is admitted to practice in Pennsylvania, West Virginia, the United States District Court for the Western and Middle Districts 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. He received his J.D. from Duquesne University and graduated from the Pennsylvania State University with a B.S. in Finance.
Areas of Law
- Construction Law
- Professional Liability
- Duquesne University (J.D., 1996)
- The Pennsylvania State University (B.A., 1992)
Bar and Court Admissions
- Commonwealth of Pennsylvania
- United States District Court for the Western District of Pennsylvania
- The Supreme Court of Appeals of West Virginia
- The United States District Court for the Southern District of West Virginia
- Allegheny County Bar Association
- Pennsylvania Bar Association
- Pennsylvania Builders Exchange
- Selected for inclusion in Best Lawyers in America®, Construction Law Section, 2013 – Present
- Selected as one Pennsylvania Super Lawyers®, 2010 – 2018
- 10 Drafting Tips for Construction Documents—Common Contracting Concerns of Project Participants, PBI’s A Day on Real Estate, Co-presenter, March 2015
- Prevailing Wage Law in Pennsylvania, Co-presenter Lorman Education Services, June 18, 2010
- “COVID-19: Impact on PA Construction Industry” Burns White Insights, March 2020
- “Insurance and Bonding, ‘Miller Construction Guide,’” Co-author, CCH Incorporated, first published in 2003 with periodic updates
- “Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid,”PBI Press, 2010, 2014