Tracy James practices with the firm’s Commercial Construction Group in Charlotte.  Tracy represents owners, contractors, design professionals, and suppliers on a variety of matters throughout the Southeast, including:

  • Contract drafting, review, and negotiation;
  • Project Delivery;
  • Project Management;
  • 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.

In addition to her transactional and litigation practice, Mrs. James assists clients with mediation, arbitration and in negotiating pre-litigation compromises. Mrs. James practiced previously with Nexsen Pruet, PLLC, a 200+ attorney law firm with offices throughout the Carolinas.

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 the industry.  I deal with hardworking professionals,building and developing infrastructure, which improves the economy and society we live in.  My clients work on short time frames, with complex deadlines and demands, and I get to be a part of making 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

Honors + Activities

   Honors

  • Marquis Who's Who in America (2020)
  • Fellow, Construction Lawyers Society of America (2019)
  • NC Construction Lawyer of Year (as voted by peers), Legal Elite, Business NC (2019)
  • Legal Elite – Construction Law, Business North Carolina (2015, 2017, 2018)
  • Super Lawyer® -- Construction Law (2019)
  • Best Lawyers In America – Construction Litigation (2018)
  • Best Lawyers in America – Women in the Law (2018)
  • Women’s Mentor, Charlotte Business Journal (2017)
  • Top 25 Women In Business, Charlotte Business Journal (2015)
  • Super Lawyer® Rising Star – Construction Law (2012-2018)
  • Fellow, ABA Forum on Construction Law (2012-2015)
  • President’s Award Recipient, SC Bar Association (2013)
  • “20 under 30”, Herald Newspaper, South Carolina (2012)
  • Law Clerk to the Honorable John C. Hayes, 16th Judicial Circuit Court (2005-2006)

 

   Activities

  • Chair, Division 4—Project Delivery Methods & Construction Technology, ABA Forum on Construction Law
  • Member, Association of General Contractors, and Young Leaders Division of AGC
  • Chair, Regional Program Protocols & Materials Sub-Committee, ABA Forum on Construction Law
  • Liaison, Technology Committee, ABA Forum on Construction Law
  • Diversity Fellowship Committee, ABA Forum on Construction Law
  • Special Programs & Education Committee (i.e Distance Learning), ABA Forum on Construction Law
  • Leadership Nominating Committee, ABA Forum on Construction Law (2017)
  • Out of State Representative, SC Bar Association House of Delegate (2014-2016)
  • Past Chair, South Carolina Bar Construction Section
  • Past-President, Junior Welfare League of York County, South Carolina
  • Past Chair, Keystone Substance Abuse Services of York County, South Carolina
  • 16th Circuit Representative, SC Young Lawyers Division (2010-2012)
  • Board of Directors, Haven Homeless Men’s Shelter (2010-2013)

 

* The ABA Forum on Construction Law is the largest group of Construction Professionals in the World. Members of the Forum represent all segments of the construction industry: owners, design professionals, GC’s, CM’s, subs, suppliers, insurers, and sureties. The Forum’s mission is to serve the construction industry through education and leadership.

Presentations

  • Advisory Committee, 2020 Annual Conference: “20/20 Foresight: Effective Project Management and Strategies,” ABA Forum on Construction Law (Seattle, WA)
  • Speaker, 2019 Annual Conference: “BIM Blast, Breaking the Curve,” American Society of Heating, Refrigerating, and Air Conditioning Engineers (Kansas City, MO)
  • Speaker, 2019 SC Engineering Conference & Trade Show: “Engineering your Contract”, South Carolina Association of Engineers (Greenville, South Carolina)
  • Advisory Committee, 2019 Annual Conference: “Dealing with Disasters: Here Comes the Flood (of Legal Issues,)” ABA Forum on Construction Law (Hollywood, Florida)
  • Speaker, Top 10 Professional Liability Defenses, Chicago, IL (February 2018)
  • Speaker, NC Bar Association Construction Law Section Winter CLE, "The Contracts They are a Changin’: What North Carolina Lawyers Need to Know About the 2017 Amendments to the AIA Contract Documents" (February 2018)
  • 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,” (September 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" (January 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” (January 2012)

Publications

  • Contributing Editor, South Carolina Construction Law Matrix, AGC/Forum on Construction Law (2018)
  • 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?”