Tracey A. Rohrbaugh

Tracey Rohrbaugh has a broad-based litigation practice that includes regular representation of contractors in construction defect litigation and arbitration; representation of contractors and subcontractors in contract disputes and payment claims; insurance defense litigation involving auto accidents, personal injury, premises liability, coverage disputes, and extra-contractual claims; defense of manufacturers in products liability suits; defense of employers sued for deliberate intent or violation of workplace safety rules; property litigation, including right-of-way disputes, encroachment actions, and partition actions; and representation of landlords in lease disputes, including commercial eviction. Her construction law practice also involves counseling and advising contractors and subcontractors in all phases of the construction process, including contract preparation and review.

Tracey has tried numerous cases in state and federal courts, and has argued cases before the Supreme Court of Appeals of West Virginia.   She is admitted to practice in West Virginia and Virginia.

J.D., West Virginia University College of Law (1994)

• Moot Court Board
• National Moot Court Team

B.A., Summa Cum Laude, West Virginia University (1990)

• WVU Honors Program
• WVU Scholars Program
• Sigma Tau Delta English Honorary

• Commercial
  • Construction Law
  • Insurance Law
• Litigation
  • Appellate
  • Commercial
  • Construction
  • Estates
  • Insurance
  • Product Liability – Defendants
  • Real Estate
• Mediation Services
  • Mediation

Supreme Court of Appeals of West Virginia
Supreme Court of Virginia
U.S. District Courts for the Northern and Southern Districts of West Virginia
U.S. District Court for the Western District of Virginia
U.S. Court of Appeals for the Fourth Circuit

• Named to The Best Lawyers in America ® (Litigation – Construction), 2015-2019
• Named “Lawyer of the Year” by Best Lawyers for Litigation – Construction, Morgantown (2019)
• Peer-Review Rated AV by Martindale-Hubbell
• Recognized by Super Lawyers (Construction Litigation), 2017-2019
• West Virginia University Mountain Honorary
• Fellow, West Virginia Bar Foundation (2013)

Leadership Berkeley, Class of 2014
Member, Board of Governors, Defense Trial Counsel of West Virginia (2017-2019)
Eastern Panhandle Bar Association, formerly Berkeley County Bar Association (President, 2007-2015)
Eastern Panhandle Bar Charitable Foundation (President and Founder, 2014-present)
Eastern Panhandle Home Builders Association
West Virginia Bar Foundation, Inc. (President, 2010-2011)
Defense Research Institute – Voice of the Defense Bar (Construction Law Committee)
Defense Trial Counsel of West Virginia (Construction Law Committee)
Virginia Association of Defense Attorneys (Litigation; and Construction Law sections)
Martinsburg-Berkeley County Chamber of Commerce (Board of Directors, 2015-Present; Treasurer 2017, Vice-Chair, 2018 Chair-Elect, 2019)
Horses with Hearts, Inc. (Secretary, Board of Directors, 2013-present)

Connecting with Contractors:  “The Nuts and Bolts of Contracts”  by Tracey A. Rohrbaugh
First United Bank, April 2018

“The Nuts and Bolts of Contracts” by Tracey A. Rohrbaugh
Eastern Panhandle Home Builders Association, September 2017

A Proactive Approach to Dispute Resolution, by Tracey A. Rohrbaugh
Charleston, West Virginia, January 2012

What You Don’t Know Can Hurt You: Protecting Yourself Against A Radon Claim, by Tracey A. Rohrbaugh
Presented to Martinsburg REIA
Martinsburg, West Virginia, January 2012

Arbitration vs. Litigation:  A Practical Assessment, by Tracey A. Rohrbaugh
Martinsburg, West Virginia, January 2011

The Nuts and Bolts of Contracts, by Tracey A. Rohrbaugh
Martinsburg, West Virginia, 2007

What Every Landlord Needs to Know, by Tracey A. Rohrbaugh
Landlord-Tenant Workshop, City of Martinsburg
Martinsburg, West Virginia, 2006