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
- 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
- Counsel, 2009-2010
Weil Gotshal & Manges LLP
- Associate, 2004-2009
Gray Cary Ware & Freidenrich LLP
- Associate, 2003-2004
- Law Clerk, 2002
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
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, "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
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
- Obtained an arbitration award for a real estate investor and defeated the opposing party’s efforts to vacate the award.
- Obtained a jury verdict for a hotel owner on a foundation defect case.
- Obtained an arbitration award for an online university against a claim made by a former student.
- Represented an energy services company in enforcing a non-compete and non-solicitation agreement against a former employee.
- Defended a construction services company against an EEOC charge of discrimination.
- Obtained arbitration award for hotel owner after 7-day arbitration 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.
- Directed four witnesses and delivered closing argument in a two-week trial on a construction defect matter in Travis County district court, obtaining a jury verdict the client found favorable.
- Briefed an offensive motion for summary judgment and a motion for attorney’s fees in federal court, resulting in a judgment of over $10,000,000 against the defendants.
- Second-chaired arbitration concerning a breach of contract dispute related to the purchase price of a business, presented opening statement, and conducted direct and cross- examinations.
- Managed a team on a three-year long breach of contract dispute related to the purchase of oriented-strand board mills; managed case activities including over forty depositions and the review and production of over a million pages of documents.