Tracy Thompson James practices with the firm’s Construction Group in Charlotte.  Tracy represents owners, contractors and design professionals on a wide variety of matters throughout South Carolina and North Carolina, including:

  • Contract drafting, review, and negotiation;
  • Integrated Project Delivery methods;
  • Public Private Partnership (P3) transactions;
  • Delay, scheduling and/or change in scope claims;
  • Construction or design defects;
  • Insurance and indemnity agreements;
  • Accounts Collection, Mechanic’s Lien, and Payment/Performance Bond Claims;
  • Surety Agreements;
  • Real Property Disputes.

She has also represented clients in state and federal courts on matters related to insurance, real property and commercial landlord/tenant litigation.  Additionally, Ms. James assists clients with mediation, arbitration and in negotiating pre-litigation compromises. Ms. James practiced previously with Nexsen Pruet, PLLC.

Practical and down to earth, Tracy comes from a long line of developers, so Construction Law is a natural fit.  She explains,   “I love the clients, and the boots on the ground aspect of it all.  I get to deal with hardworking, real people, who are building and developing infrastructure, which improves the economy and the community we live in.  My clients work on short time frames, with complex deadlines and demands, and I get to be a part of trying to make sure all the pieces of the puzzle come together in an efficient and economical manner.”

Practice Areas

Education

  • Wake Forest University School of Law, J.D., 2005
  • Furman University, B.A., 2002

Experience

  • Chair, Project Delivery Methods Division, ABA Forum on Construction Law (2017-present)
  • Chair, Regional Program Protocols and Materials Sub-Committee, ABA Forum on Construction Law (2017-present)
  • Women's Mentor, Charlotte Business Journal (2017)
  • Member, Diversity Fellowship Committee, ABA Forum on Construction Law (2017-present)
  • Member, Special Programs and Education Committee, ABA Forum on Construction Law (2015-present)
  • Board of Directors, Lily Pad Haven, Inc. (2014-2016)
  • Delegate, South Carolina Bar Association House of Delegates (2014-2016)
  • Member, Mecklenburg County Bar Association (2013-present)
  • Chair, South Carolina Bar Construction Law Section (2013-2014)
  • President, Junior Welfare League of York County (2012-2013)
  • Chairman of the Board, Keystone Substance Abuse Services of York County (2012-2013)
  • Board of Directors, Early Learning Partnership (2012-2013)
  • Board of Directors, Old Town Association, Inc. (2011-2013)
  • Board of Directors, Haven Homeless Men’s Shelter (2010-2013)
  • 16th Circuit Representative, South Carolina Bar Association Young Lawyers Division (2010-2012)
  • Member, North Carolina Construction Law Section (2007-present)
  • Member, South Carolina Construction Law Section (2006-present)
  • Member, York County Bar Association (2005-present)

Honors + Activities

  • Legal Elite in Construction Litigation, Business North Carolina (2017)
  • North Carolina Super Lawyer in Construction Litigation (2016)
  • Charlotte Business Journal, Top 25 Women in Business (2015)
  • Legal Elite in Construction Litigation, Business North Carolina (2015)
  • North Carolina Super Lawyer "Rising Star" in Construction Litigation (2015)
  • North Carolina Super Lawyer "Rising Star" in Construction Litigation (2014)
  • South Carolina Super Lawyer "Rising Star" in Construction Litigation (2013)
  • President's Award recipient, SC Bar Association (2013)
  • Diversity Fellow, ABA Forum on the Construction Industry (2012-2015)
  • Top “20 under 30,” Herald Newspaper, Rock Hill, SC (2012)
  • Law Clerk for the Honorable John C. Hayes, Sixteenth Judicial Circuit Court (2005-2006)

Presentations

  • Speaker, ABA Forum on Construction Law, "Ding, Dong the Witch is Dead: Litigation versus ADR" (January 2018)
  • Speaker, AIA North Carolina Practice Forum, "Drafting and Negotiating Design and Construction Contracts 101," (November 2015)
  • Regional Coordinator, ABA Forum on Construction Law Regional Conferences for 2016 – New Brunswick, NJ; Charlotte, NC; Indianapolis, IN; Orlando, FL; New Orleans, LA; Los Angeles, CA (2015-2016)
  • Program Coordinator, ABA Forum on the Construction Industry Annual Conference, “You Can’t Take My Equipment – Extraordinary Times Call for Extraordinary Measures,” Boca Raton, FL (April 2015)
  • Speaker, SC Bar Construction Law Conference, “From In-House to the Courthouse: Building a Complete Construction Lawyer – What Every South Carolina Lawyer Needs to Know about North Carolina Construction Law,” (Sept. 2014)
  • Program Coordinator, ABA Forum on the Construction Industry Annual Conference, “Time to Pull the Plug: When to Advise the Client to Terminate,” New Orleans, LA (April 2014)
  • Program Coordinator, South Carolina Bar Convention, "How to Try and Not Try a Construction Defects Case" (Jan. 2014)
  • Speaker, Webinar – “Termination for Convenience Clauses in the Private Arena: Traps Every Construction Practitioner Should Know,” International Association for Contract and Commercial Management (June 2013)
  • Speaker, South Carolina Bar Convention, “Mechanic’s Liens & Payment Statutes” (Jan. 2012)

Publications

  • Editor and Author, South Carolina Construction Law Deskbook, 1st Ed.
  • "Negotiating Construction Equipment Leases, Getting Beyond the Battle of the Forms" Attorneys Lawrence Melton and Tracy James co-authored an article for South Carolina Construction News magazine entitled, "Negotiating Construction Equipment Leases; Getting Beyond the Battle of the Forms."
  • "Termination for Convenience Clauses in the Private Arena: Traps Every Construction Practitioner Should Know" If you do a thesaurus search of the word “termination,” you’ll find: “extinction, annihilation, execution, slaughter, and massacre.” It is no wonder then, that when a contractor it told he is being terminated from a project, words of the four letter variety are quickly flying about the room and you are receiving messages from your secretary that your client has called four times, insists it is urgent and is inquiring “can they really do that?”