Tracy L. McCreight, P.C.

Areas of Practice

• Construction Law and Litigation

• Commercial Litigation

Representative Matters

• In arbitration, obtained a full recovery for an insurance company seeking indemnification from a claims handler who errantly denied a claim.
• Obtained a defensive summary judgment for a real estate organization and its affiliates. 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. The defendants were also awarded attorneys’ fees.

• 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.

Admissions

• Texas
• 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

Education

• University of Texas School of Law, J.D., with honors, 2002
• University of Maryland, B.A., magna cum laude, 1994

Experience

• 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

Professional Activities

• Duane Morris Professional Standards Committee
• 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, 2021-2024

• Listed in Chambers USA: America's Leading Lawyers for Business, 2021, 2023 and 2024

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

Media Hits

• Mentioned in "How We Won a $7.9 Million Arbitration Award: Construction Litigator Talks Shop," Texas Lawyer, October 22, 2020

Selected Publications

• 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