Tracy T. James

In addition to transactional work, and ongoing Project administration, Tracy has litigated and arbitrated hundreds of cases involving nearly every aspect of construction litigation. A few representative matters are:

• Major Federal Litigation Involving National Utility Contractors
  Represented two national utility contractors and equipment suppliers in a multimillion‑dollar federal action in the District of South Carolina arising from payment disputes related to the Puerto Rico Electric Power Authority (PREPA) hurricane restoration project.
• North Carolina Business Court – First‑Impression Arbitration Estoppel Decision
  Successfully represented a geotechnical engineering firm in a $20M dispute involving alleged shifting earthwork and structural defects at a student housing development near Central Piedmont Community College. Secured a stay of claims based on equitable estoppel, establishing non‑precedential North Carolina Business Court guidance on enforcing arbitration agreements against non‑signatories.
• South Carolina & Florida Deep Foundations Dispute (Federal Court)
  Represented a deep‑foundations contractor in a payment and delay dispute involving installation of drilled foundations across the South Carolina low country. Managed jurisdictional challenges, removal issues, corporate structure disputes, choice‑of‑law issues, and mixed state/federal actions, including related litigation in the Middle District of Florida.
• $20M Industrial Project Arbitration – Manufacturing Facility Dispute
  Served as lead counsel for a design‑build contractor in an arbitration involving $20M in payment, defect, and design claims relating to a major U.S. manufacturing facility. Oversaw disputes among the owner, general contractor, architect, engineer, and 24 sub-contractors, including related lien actions, insurance coverage disputes, and surety issues.
• South End Charlotte Mixed‑Use Development – $30M Cladding & Defect Claims
  Represented an exterior cladding contractor in a $30M dispute involving defects at two multi‑story mixed‑use buildings and a parking garage in Charlotte’s South End. Managed claims asserted by the developer, general contractor, surety, and subcontractors, including flow‑down, pass‑through, alter‑ego, and complex coverage issues.
• North Carolina Court of Appeals – Arbitration Award Appeal
  Represented a general contractor in an appeal challenging an arbitrator’s authority to issue a damages award while declining to apply a contractual provision. Handled briefing and oral argument before the North Carolina Court of Appeals.
• University Track & Infrastructure Failure – $20M Claims
  Represented a national engineering firm in connection with the failure of a first‑of‑its‑kind track facility constructed at a major North Carolina university. Advised the client through multi‑year monitoring, tolling agreements, and two mediations addressing liability, and damages.