Tracy L. McCreight

Partner

  • Tracy L. McCreight
  • Phone: +1 512 277 2260
    Fax: +1 512 233 1012

    Import to Address Book

  • Duane Morris LLP
    Las Cimas IV
    900 S. Capital of Texas Hwy, Suite 300
    Austin, TX 78746-5435
    USA

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.

Ms. McCreight is a 2002 graduate, with honors, of the University of Texas Schol of Law and a magna cum laude graduate of the University of Maryland.

Areas of Practice

  • Construction Law and Litigation

  • Commercial Litigation

Representative Matters

  • 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

  • Travis County Women Lawyers’ Association, 2011-present
    - President, 2018-2019
    - President-elect, 2017-2018
    - Board of Directors, 2014-present
    - Mentor, 2013-2018

  • Travis County Women Lawyers’ Foundation
    - Chair, 2019-2020

  • Center for Women in Law Institute at Texas Law

  • Barbara Jordan Inn of Court
    - Barrister, 2016-2018

  • Austin Bar Association
    - Civil Litigation and Construction Sections, 2009-present

Honors and Awards

  • Listed in Best Lawyers in America, 2021

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 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

Selected Publications

  • 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