Tracy L. McCreight practices in all aspects of complex commercial litigation and construction litigation, including contract, real estate, general business and partnership disputes, including pre-litigation dispute resolution. In her construction practice, Ms. McCreight focuses on representing owners in construction defect matters and contract disputes. She serves on the firm's Professional Standards Committee.
Ms. McCreight is a 2002 graduate, with honors, of the University of Texas School of Law and a magna cum laude graduate of the University of Maryland.
Areas of Practice
Construction Law and Litigation
- Represented CWS Capital Partners LLC, CWS Apartment Homes LLC and Windsor at Barton Creek LP in obtaining a defensive summary judgment in a case that had been pending since 2017. In a real estate transaction, the plaintiff claimed that certain information about the apartment complex it purchased had not been disclosed by the defendants. The summary judgment declared that the plaintiff take nothing against the defendants.
Obtained a $7.9 million arbitration award for a limited partner who is a majority equity investor in the construction and operation of a high-end living community for adults with intellectual and developmental disabilities.
Represented a joint venture which included an Engineering News-Record top five firm, managing the legal issues and relationship with a governmental agency owner during completion of major civil infrastructure that experienced significant delays and defects; then resolved a $40 million claim by the governmental agency owner against the client for a fraction of the claim, via an “early” mediation process, conducted virtually. This matter is thought to be the largest construction suit in Travis County/Austin history.
- Obtained a jury verdict for a hotel owner on a foundation defect case.
- Obtained a multi-mllion dollar arbitration award for hotel owner concerning claims of breach of contract against a general contractor in which its parent company was found liable for fraud; had arbitration award confirmed in federal court against parent company, a non-signatory to the contract.
- Obtained an arbitration award for a real estate investor and defeated the opposing party’s efforts to vacate the award.
- Obtained an arbitration award for an online university against a claim made by a former student.
- New York
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the Fifth Circuit
- University of Texas School of Law, J.D., with honors, 2002
- University of Maryland, B.A., magna cum laude, 1994
Duane Morris LLP
- Partner, 2019-present
Munsch Hardt Kopf & Harr PC
- Shareholder, 2013-2019
- Associate, 2012-2013
The Davis Group Attorneys & Counselors PC
- Attorney, 2010-2012
Weil Gotshal & Manges LLP
- Associate, 2004-2009
Gray Cary Ware & Freidenrich LLP
- Associate, 2003-2004
- Law Clerk, 2002
- Duane Morris Women's Impact Network for Success (WINS) Steering Committee
Travis County Women Lawyers’ Foundation
- Board of Directors, 2018-2022
- Chair, 2019-2020
Travis County Women Lawyers’ Association
- President, 2018-2019
- President-elect, 2017-2018
- Board of Directors, 2014-2019
- Mentor, 2013-2018
- Texas Law IL Mentor, 2021-2023
Center for Women in Law Institute at Texas Law
- Faculty, 2016-2018
Barbara Jordan Inn of Court
- Barrister, 2016-2018, 2022-2023
Austin Bar Association
- Civil Litigation and Construction Sections, 2009-present
Honors and Awards
- Listed in Best Lawyers in America, 2021-2023
Listed in Chambers USA: America's Leading Lawyers for Business, 2021 and 2022
Civic and Charitable Activities
Volunteer Legal Services of Central Texas
- Pro Bono Family Law Attorney, 2011-2016
Big Brothers and Big Sisters of New York City
- Workplace Mentor, 2005-2007
Selected Speaking Engagements
- Speaker, "Construction Negligence and Responsible Third Party Issues," Houston Bar Association Construction Law Section, May 20, 2021
- Speaker, "Construction Disputes: Strategies and Best Practices to Manage Complexities and Challenges," The Knowledge Group Online CLE, April 28, 2020
- Speaker, "Half-Day Ethics CLE," Travis County Women Lawyers’ Association, Austin, Texas, March 6, 2020
Speaker, "Trends and Updates in Contracts Litigation: Tips and Tactics Explored," The Knowledge Group, Webinar, November 18, 2019
Speaker, "Third-Party Practice: Risks and Rewards of RTPs vs TPDs," State Bar of Texas Construction Law Section Annual Construction Law Conference 2019, San Antonio, Texas, March 1, 2019
Speaker, "Managing Engineering Liability and Risk Seminar," Half Moon Education Inc., Austin, Texas, January 25, 2019
Moderator, "In-House Counsel Pop Quiz: Recent Trends in Texas Law,” Association of Corporate Counsel, Austin, Texas, August 2, 2018
- Mentioned in "How We Won a $7.9 Million Arbitration Award: Construction Litigator Talks Shop," Texas Lawyer, October 22, 2020
- Co-author, "Whose Testimony Is It Anyway--Can Expert Witnesses in Construction Trials Testify as to Industry Standards in Unambiguous Contracts?" Construction Law Journal, Winter 2022
Author, "Third-Party Practice: Risks and Rewards of RTPs vs TPDs," State Bar of Texas Construction Law Section Annual Construction Law Conference 2019, San Antonio, Texas, March 1, 2019
Author, "Joint and Several Contractual Liability and Settlement Credits: A Look at the 'One Satisfaction Rule in Texas,'" State Bar of Texas, Construction Section, Annual Conference, March 2017
Author, "At What Point Does a Surety’s Obligation Pursuant to a Performance Bond Terminate?" Construction News, May 25, 2016
Author, "10 Tips for Reducing the Risk of a Contract Dispute," Construction Executive Risk Management, October 27, 2015