Tracy T. James

Practice Areas

Mrs. James advises owners, contractors, design professionals and suppliers on construction 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 and Performance Bond Claims.

She is a certified mediator in South Carolina and North Carolina, and an arbitrator of the American Arbitration Association.

Career

Practical and down to earth, 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. Prior to joining HSSM in 2015, Tracy was a partner at the Nexsen Pruet (n/k/a Maynard Nexsen) and served as a law clerk to the Honorable John C. Hayes, III, former and retired presiding Judge for the Sixteenth Judicial Circuit in South Carolina.

Publications

Publications only:

South Carolina Construction Law Matrix, Contributing Editor, AGC/ABA Forum on Construction Law (2018-present)

"Learn to Harness the Power of Construction Contracts through the ABA Forum on Construction Law", Engineering News-Record (Nov. 2022)

"How Does Selection of Counsel Impact Resolution of Construction Disputes?", Engineering News-Record, Ask the Expert Series (Nov. 2022)

South Carolina Construction Law Desk Book, Editor and Author, 1st Ed. (2013) and 2nd Ed. (2022)

"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)

PRESENTATIONS w/ Paper:

"Construction Contracts", GC Liaison, ABAFCL Regional Conferences (2022)

"The Business of Construction Law: Think More Like a CEO, Less Like a Lawyer," GC Liaison, ABAFCL Mid-Winter Meeting, San Diego, CA (2022)

"Post-Crisis Industry Impact - Expediting the Use of Technology," Speaker, COVID-19 Crisis Roundtable, ABAFCL (2020)

"20/20 Foresight: Effective Project Management and Strategies", Advisory Committee, ABAFCL, Seattle, WA (2020)

"BIM Blast, Breaking the Curve," Speaker, ASHRAE, Kansas City, MO (2019)

"Engineering your Contract," Speaker, SC Engineering Conference and Tradeshow, Greenville, SC (2019)

"Dealing with Disaster: Here Comes the Flood (of Legal Issues)," Advisory Committee, ABAFCL, Hollywood, FL (2019)

"Top 10 Professional Liability Defenses," Speaker, AIA (2018)

"The Contracts They are a Changin': What North Carolina Lawyers Need to Know About the 2017 Amendments to the AIA Contract Documents," Speaker, NCBA Winter Conference (2018)

"Ding, Dong the Witch is Dead: Litigation versus ADR," Panel Speaker with Phil Bruner, Bruner & O'Conner on Construction Law, ABAFCL Mid-Winter Meeting, Boca Raton, FL (2018)

"Construction Contracts", Program Coordinator, ABAFCL, Regional Conferences (2016)

"Drafting and Negotiating Design and Construction Contracts 101," Speaker, AIA North Carolina Practice Forum (2015)

"You Can't Take My Equipment - Extraordinary Times Call for Extraordinary Measures," Session Coordinator, ABAFCL 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, SCBA Construction Law Conference (2014)

"Tim to Pull the Plug: When to Advise the Client to Terminate," Session Coordinator, ABAFCL Annual Conference, New Orleans (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 Commerical Management (2013)

"Mechanic's Lien and Payment Statutes," Speaker, South Carolina Bar Convention (2012)

Personal

Tracy grew up along the Chesapeake Bay, on the Eastern Shore of Maryland. She moved to the Carolinas in 1998 for college and never returned, calling the Carolina's home. She loves Charlotte's proximity to both the beach and mountains, and the city location in a laid back, ruralish atmosphere. Mom to her six-year-old son Thomas, she enjoys working out, travel, boating, offshore fishing, theater, and the culinary arts.

Professional Memberships

Arbitrator, American Arbitration Association

American Bar Association

American Bar Association Forum on Construction Law, including various committees:

Governing Committee (2019-present);

Chair of Division Chairs (2023-present);

Diversity Fellowship Committee (2017-present);

Special Programs & Education Committee (2016-2023);

Technology Committee (2018-2022);

COVID-19 Crisis Round Table Task Force (2020);

Chair, Division 4, Project Delivery Methods & Construction Technology (2017-2020);

Leadership Nominating Committee (2017);

Leadership Nominating Committee

South Carolina Bar Association

North Carolina Bar Association ("NCBA")

NCBA Construction Law Section

South Carolina Construction Law Section

Member, Association of General Contractors

Past President, Junior Welfare League of York County

Past Chair, Keystone Substance Abuse Services of York County

Chair, Regional Programs Sub-Committee, Special Programs and Education Committee, American Bar Association Forum on Construction Law

Leadership Nominating Committee,

Education

Awards