Tracy Thompson James

Tracy Thompson James

704.227.1052
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Tracy James practices with the firm’s Commercial Construction Group in Charlotte.  Tracy advises owners, contractors, design professionals, and suppliers  throughout the Southeast, on industry related matters, including:

  • Contract drafting, review, and negotiation;
  • Contract Administration;
  • Project Delivery;
  • Construction Technology;
  • Delay, scheduling and/or change in scope claims;
  • Construction and design defects;
  • Insurance and Surety agreements;
  • Accounts Collection, Mechanic’s Lien, and Payment/Performance Bond Claims.

Mrs. James is also an arbitrator for the American Arbitration Association ("AAA"). Mrs. James practiced previously as a partner with Nexsen Pruet PLLC.

Tracy comes from a family of developers, so Construction Law is a natural fit.  She understands the practical demands of the industry in addition to its legal components. Ranked by Chambers and Partners "USA" as a leading construction practitioner, interviewees commend her trial strength, stating; “She thinks four moves ahead of witnesses in cross-examination and they are unaware of the trap they are walking into." Clients commend her "responsiveness" and "practical solutions" but praise her vigor advocating for clients when litigation becomes inevitable.

Outside of the office, Tracy is a mom to her 7-year old son Thomas and enjoys travel, boating, theater, and the culinary arts.

Practice Areas

Education

  • Judicial Clerkship, The Hon. John C. Hayes, III, Sixteenth Judicial Circuit, South Carolina (2005-2006)
  • Wake Forest University School of Law, J.D. (2005)
  • Furman University, B.A. (2002)

Honors + Activities

   Honors

  • Chair- Elect Nominee, ABA Forum on Construction Law (2024)
  • North Carolina Representative, The Construction Attorneys: Premier Guide
  • Lawyer of the Year – Construction (Charlotte-Metro), Best Lawyer’s in America (2022)
  • Chambers and Partners, USA - Construction - Band 1
  • Best Lawyers in Commercial Litigation, Construction Law, + Women  in Law
  • NC Construction Lawyer of Year, Legal Elite, Business NC (2019)
  • Super Lawyer® -- Construction Law
  • Charlotte Business Journal 40 Under 40 (2020)
  • Top 25 Women In Business, Charlotte Business Journal (2020)
  • Marquis Who's Who in America
  • Fellow, Construction Lawyers Society of America

 

American Arbitration Association Issues Rule Update

 

 

 

   Activities

  • Chair - Elect Nominee, ABA Forum on Construction Law*
  • Governing Committee, ABA Forum on Construction Law* (2020-2024)
  • Chair, Division Chairs Committee, ABA Forum (2023-2024)
  • Co-Chair, Arbitration Subcommittee, NCBA, Dispute Resolution Section (2022-Present)
  • Covid-19 Crisis Round Table Task Force, ABA Forum on Construction Law* (2020)
  • Chair, Regional Programs Sub-Committee, Special Programs and Education Committee, ABA Forum on Construction Law*
  • Chair, Division 4—Project Delivery Methods & Construction Technology, ABA Forum on Construction Law* (2017-2020)
  • Leadership Nominating Committee, ABA Forum on Construction Law* (2017)
  • Member, Association of General Contractors ("AGC")
  • Technology Committee, ABA Forum on Construction Law* (2017-2020)
  • Diversity Fellowship Sub-Committee, ABA Forum on Construction Law* (2015-2024)
  • Special Programs & Education Committee (i.e Distance Learning), ABA Forum on Construction Law* (2015-2024)
  • Out of State Representative, SC Bar Association House of Delegates (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

  • “Construction Contracts,” GC Liaison, ABA Forum on Construction Law Regional Conferences (2022)
  • “The Business of Construction Law: Think More Like a CEO, Less Like a Lawyer,” Governing Committee Liaison, ABA Forum on Construction Law Midwinter Meeting, San Diego, CA (2022)
  • "Post-Crisis Industry Impact - Expediting the Use of Technology; Virtual Depositions, Mediation/Arbitration; and Replacing In-Person Collaboration," Speaker, COVID-19 Crisis Roundtable, ABA Forum on Construction Law (2020)
  • “20/20 Foresight: Effective Project Management and Strategies,” Advisory Committee,  ABA Forum on Construction Law Annual Meeting, Seattle, WA (2020)
  • “BIM Blast, Breaking the Curve,” American Society of Heating, Refrigerating, and Air Conditioning Engineers, Speaker, Kansas City, MO (2019)
  •  “Engineering your Contract,” Speaker, SC Engineering Conference & Trade Show, Greenville, South Carolina (2019)
  • “Dealing with Disasters: Here Comes the Flood (of Legal Issues),” Advisory Committee, ABA Forum on Construction Law Annual Meeting, Hollywood, Florida (2019)
  • "Top 10 Professional Liability Defenses," Speaker, Client Seminar, Chicago, IL (2018)
  • "The Contracts They are a Changin’: What North Carolina Lawyers Need to Know About the 2017 Amendments to the AIA Contract Documents," Speaker, NC Bar Association Construction Law Section Winter Conference (2018)
  • "Ding, Dong the Witch is Dead: Litigation versus ADR," Speaker, ABA Forum on Construction Law Mid-Winter Meeting, Boca Raton, FL (2018)
  • "Drafting and Negotiating Design and Construction Contracts 101," Speaker, AIA North Carolina Practice Forum (2015)
  • "Construction Contracts," Program Coordinator, ABA Forum on Construction Law Regional Conferences (2016)
  • “You Can’t Take My Equipment – Extraordinary Times Call for Extraordinary Measures,” ABA Forum on the Construction Law Annual Conference, Boca Raton, FL (2015)
  • “From In-House to the Courthouse: Building a Complete Construction Lawyer – What Every South Carolina Lawyer Needs to Know about North Carolina Construction Law,” Speaker, SC Bar Construction Law Conference (2014)
  • “Time to Pull the Plug: When to Advise the Client to Terminate,” Session Coordinator, ABA Forum on the Construction Law Annual Conference, New Orleans, LA (2014)
  • "How to Try and Not Try a Construction Defects Case," Program Coordinator, South Carolina Bar Convention (2014)
  • “Termination for Convenience Clauses in the Private Arena: Traps Every Construction Practitioner Should Know,” Speaker, International Association for Contract and Commercial Management (2013)
  • “Mechanic’s Liens & Payment Statutes,” Speaker, South Carolina Bar Convention (2012)

Publications

  • Author, Chapter 1: Introduction to Design-Build, Desing-Build and EPC Contracting Book, ABA Forum on Construction Law (est. 2024)
  • Contributing Editor, South Carolina Construction Law Matrix, AGC/ABA Forum on Construction Law (2018-Present)
  • Author, Engineering News-Record Article, “Learn to Harness the Power of Construction Contracts Through the ABA Forum on Construction Law” ( Nov. 2022)
  • Author, Engineering News-Record Ask the Expert Series, “How does selection of counsel impact resolution of construction of disputes?” (Nov. 2022)
  • Editor and Author, South Carolina Construction Law Deskbook, 1st Ed.
  • "Negotiating Construction Equipment Leases, Getting Beyond the Battle of the Forms," South Carolina Construction News (2013)
  • "Termination for Convenience Clauses in the Private Arena: Traps Every Construction Practitioner Should Know," South Carolina Journal (2012)