Thomas C. Hofbauer is a partner at Axley and Co-Chair of the Construction and Transportation Practice Group. He has more than 30 years of experience in complex litigation in both federal and state courts. His proven record of numerous favorable outcomes has earned him a reputation as one of Wisconsin’s preeminent litigators.
Mr. Hofbauer’s practice focuses on commercial litigation, construction claims and disputes, breach of contract, business torts, shareholder disputes; and environmental and toxic tort litigation. In the past two decades, Mr. Hofbauer has been involved in some of the most complex and catastrophic personal injury and property damage dispute matters in Wisconsin and other surrounding states. In addition, he has specific experience in construction disputes and construction defect litigation where he has represented owners, developers, general contractors, subcontractors, engineers and architects.
Tom was recognized as a “Leader in the Law” for 2009 by the Wisconsin Law Journal, one of only 25 attorneys in the state to be recognized with this award. He has also been named a Super Lawyer since 2006. A frequent lecturer and author on the handling and defense of complex claims, Tom also serves as member of the Board of Directors of the Master Builders Association of Wisconsin, the oldest construction trade group in Wisconsin, and is a member of the Construction and Public Contract Law Section of the State Bar of Wisconsin. He also serves on the Board of Directors for the Waukesha County Bar Association.
When not at work, he enjoys recreational ice hockey, golf, cooking and spending time with his family in Delafield.
Admitted to practice in the State Courts of Wisconsin and Illinois, Federal Courts for the Eastern and Western Districts of Wisconsin and for the Northen District of Illinois, United States Court of Appeals for the Seventh Circuit, and has been admitted on a pro hac vice basis in state or federal district courts in over 15 states.
EducationJ.D., Loyola University of Chicago
B.A., Eastern Illinois University
Involvement & Recognition
- General Counsel and Board of Directors, Master Builders Association of Wisconsin
- Former Construction Arbitration Board Member, Metropolitan Builders Association of Milwaukee
- Former Lecturer, Propane Gas Defense Association
- President 2018 – 2019, Board Member, Waukesha County Bar Association
- Construction and Public Contract Law Section Member, Wisconsin State Bar Association
- Board of Directors, Tall Pines Land Conservancy
- 2009 Wisconsin Leader in the Law, Wisconsin Law Journal
- AV® Peer Review Rated by Martindale-Hubbell® Peer Review Ratings™
- Martindale-Hubbell® Bar Register of Preeminent Lawyers™
- Named to the 2006 – 2021 Wisconsin Super Lawyers Lists
- Named to the 2010 Wisconsin Super Lawyer Corporate Counsel Edition
- Named to the 2010 Wisconsin Super Lawyers Blue Ribbon Panel
- Awarded the 1987 Leadership and Service Award from Loyola University of Chicago School of Law
Represent solid waste company; biosolids, septage and manure haulers/applicators; and remediation and electronic demanufacturing companies in contract and land use issues.
Defended landfill owner in Wisconsin breach of contract litigation; obtained trial verdict that client responsible for $0 in damages despite court’s earlier finding that landfill did not comply with contract.
Successfully defended property insurer of Illinois bowling alley complex in first party insurance claim with over $2.8 million in property damage and lost business income claims.
Defended scaffold erector in claim arising from dust explosion in coal dust collector at a public utility in Wisconsin that seriously injured 8 construction workers.
Represented Illinois cooperative in two trucking accident fatalities; one claim successfully tried to verdict in Effingham County and the other successfully mediated in Cook County.
Successfully defended steel manufacturer in 4 week jury trial in Milwaukee County arising from the collapse of a warehouse and over $63 million in property damage claims.