Robert A. McNiel
Robert "Bobby" McNiel focuses his practice in the areas of complex commercial litigation with an emphasis on real estate and construction disputes. McNiel represents plaintiffs and defendants in state and federal courts throughout the State of Texas and in a number of sister states.
McNiel is regularly called on to assist clients in multi-party disputes before state and federal courts or arbitration tribunals involving construction defect claims, design defects, real estate fraud, tortious interference, mechanic’s lien disputes and bond claim prosecution or defense. With respect to real estate and/or construction disputes, McNiel’s representative clients include owners, developers, lenders, brokers, realtors, general contractors, subcontractors, material suppliers, escrow agents and title insurers. McNiel also assists individual and corporate clients in prosecuting or defending claims of officer/director breach of fiduciary duties, wrongful termination, discrimination, noncompete enforcement or defense, bad faith insurance practices and civil theft.
In addition, McNiel regularly assists clients in reviewing, analyzing, preparing and/or negotiating real estate purchase agreements, commercial lease agreements, deed restrictions and homeowner’s association documents, cost-plus construction contracts, fixed fee construction contracts, subcontracts and supplier agreements.
- Texas, 2004
- U.S. District Court Northern District of Texas
- U.S. District Court Eastern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Western District of Texas
- U.S. District Court District of Colorado
- U.S. District Court District of Arizona
- U.S. Court of Appeals 5th Circuit
- University of Denver Sturm College of Law, Denver, Colorado
- Represented multiple townhome owners alleging construction defects and fraud resulting in settlement in excess of $2 million.
- Represented developer of condominium complex in lawsuit in which condominium owner/buyer asserted claims of fraud and fraudulent failure to disclose in connection with the sale.
- Represented subcontractors and material suppliers in breach of contract claims against general contractor for non-payment and foreclosure of filed mechanic’s lien affidavits.
- Represented general contractor in breach of contract action and foreclosure of mechanic’s lien in which general contractor retained the property at the sheriff’s sale.
- Represented subcontractor in bankruptcy adversary proceeding asserting claims for violation of Texas construction trust fund act.
- Defended subcontractor against claims of faulty installation of stucco material on condominium complex.
- Represented subcontractor in perfecting and pursuing payment bond claims on state and federal construction projects.
- Represented seller of condominium in lawsuit in which condominium purchaser asserted claims of fraud and attempted to rescind the sale.
- Represented seller of single family residence in which buyer claimed known defects were not disclosed by seller or realtors in Texas real estate disclosure statement.
- Represented franchisor in dispute with franchisees concerning performance under franchise agreement.
- Represented title company and escrow agents in connection with breach of fiduciary duty claims.
- Defended corporate client and obtained dismissal of race retaliation/discrimination claims.
- Defended individuals against enforcement of non-compete covenants in employment agreements.
Honors and Awards
- "Rising Star," Texas Super Lawyers, Texas Monthly Magazine 2010, 2011, 2012
Professional Associations and Memberships
- Dallas Bar Association
- Dallas Association of Young Lawyers