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About Me

David M. McLain is a founding member of Higgins, Hopkins, McLain & Roswell, LLC, a firm which specializes in construction law and construction litigation throughout Colorado.  Mr. McLain received his undergraduate degree from Colorado State University, graduating cum laude, and his law degree from the University of Denver, College of Law.  Mr. McLain completed the Claims and Litigation Management Alliance Litigation Management Institute, earning the designation from that organization as a Certified Litigation Management Professional. He has a general civil litigation practice with an emphasis on the defense of complex construction lawsuits on behalf of developers and general contractors.  As a result of the experience gained by defending some of Colorado’s largest residential construction defect lawsuits, developers, general contractors, and subcontractors seek out Mr. McLain to consult on risk avoidance and risk management strategies.  Currently among his clients are several of the state’s largest home builders, regional and custom builders, and numerous insurance carriers.  Mr. McLain is an AV® Preeminent™ Peer Review Rated attorney by Martindale-Hubbell and is a regular speaker at local, regional, and national seminars regarding construction defect litigation in Colorado.


Practice Areas


  1. Litigation: 19%
  2. Construction & Development: 17%
  3. Insurance: 16%
  4. Defective and Dangerous Products: 16%
  5. Other: 32%
  6. More 


Payment Types:

Cash, Check

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Contact Info

Higgins Hopkins McLain & Roswell, LLC

100 Garfield Street, Suite 300
Denver, CO, 80206-5550



Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Award NameGrantorDate Granted
Selected for inclusion in the 2012 Colorado Rising StarsLaw & Politics Magazine2012
Nominee - Forty Under 40Denver Business Journal2012
Selected for inclusion in the 2011 Colorado Rising StarsLaw & Politics Magazine2011
Nominee - Forty Under 40Denver Business Journal2011
Nominee - Forty Under 40Denver Business Journal2010
Selected for inclusion in the 2010 Colorado Rising StarsLaw & Politics Magazine2010
Nominee - Forty Under 40Denver Business Journal2009
Selected for inclusion in the 2009 Colorado Rising StarsLaw & Politics Magazine2009
AV® Preeminent™ Peer Review RatedMartindale-Hubbell (
Work Experience
TitleCompany NameDuration
MemberHiggins, Hopkins, McLain & Roswell, LLC2001 - Present
AssociateLong & Jaudon, PC1998 - 2001
Association NamePosition NameDuration
Claims & Litigation Management AllianceCertified Litigation Management Professional2013 - 2013
Entrepreneurs' Organization of ColoradoLearning Chair2010 - 2011
Colorado Defense Lawyers AssociationAt-Large Director2010 - 2012
Council on Litigation ManagementMember2010 - Present
Colorado Association of Home BuildersVoting member of the Governmental Affairs Committee2010 - Present
Construction Law Attorney Forum of the National Association of Home Builders (NAHB)Member2009 - Present
Entrepreneurs' Organization of ColoradoFinance Chair2008 - 2010
Defense Research InstituteMember2005 - 2013
Denver Highlanders R.F.C.Board Member2005 - 2009
Associate Member Council of the Home Builders Association of Metro DenverBoard Member2003 - 2004
Denver Bar AssociationMember1998 - Present
Colorado Bar AssociationMember1998 - Present
American MensaMemberN/A
Legal Cases
Case NameOutcome
Stiff v. Bilden Homes, Inc., 88 P.3d 639 (Colorado Court of Appeals 2003)N/A
Cooper v. United States Ski Ass’n, 48 P.3d 1229 (Colorado Supreme Court 2002)N/A
Cooper v. United States Ski Ass’n, 32 P.3d 502 (Colorado Court of Appeals 2000)N/A
See all Legal Cases 
School NameMajorDegreeGraduated
University of Denver College of LawLawJD - Juris Doctor1998
Colorado State UniversityPolitical ScienceBA - Bachelor of Arts1995
Speaking Engagements
Conference NameTitleDate
Construction Hot Topics 2014 - Lunch & LearnLabor, Law & Politics2014
Construction Defect Reform - A Legislative PreviewViews on Various Approaches to CD Reform2014
Claims College - School of ConstructionConstruction Defect Liability Theories and Defenses2014
3rd Friday "Community Focus" BreakfastUnderstanding Construction Defects2014
20th Annual West Region Construction Litigation and Insurance Coverage ConferenceRocky Mountain Breakout Session - Coverage and Current Trends2014
Small Business Development Center Training SeminarManaging Construction Risk From Start to Finish2013
Builder Eye Opener BreakfastConstruction Defect Claims: The Good the Bad and the Ugly2013
PIIAC and the Young Agents of Colorado SeminarThe GL Marketplace for Construction Professionals and Legal Issues Post HB 10-13942012
Building Your Tomorrow Today - 35th Annual ConferenceCommon Building Code Violations2012
West Coast Casualty's Construction Defect SeminarStanding... Who Really Has the Right to Bring an Action in Construction Defect Cases? - Panelist2010
Rocky Mountain Builder ConferenceInsurance and Construction Defects2010
Construction Defect Claims in ColoradoWhat’s Happening in Colorado Construction Law? and Additional Insured Coverage for Developers and General Contractors2010
Colorado Construction Defect Law SeminarConsruction Defect Litigation2010
Rocky Mountain Builder ConferenceConstruction Defects A to Z2009
MC Consultants' 15th Annual West Region Construction Defect and Construction Law ConferenceRocky Mountain States Coverage & Current Trends2009
Construction Defect Claims in ColoradoWhat's Happening in Colorado Construction Law?2009
West Coast Casualty's Construction Defect SeminarThe Rest of the West: The 5 Things You Need to Know About CO, ID, HI, WA, and OR2008
Using OCIPs and CCIPs in ColoradoClaim Issues Under OCIP or CCIP2008
MC Consultants' 14th Annual Conference - West Region Construction Defect & Construction Law ConferenceNew Conflicts with AI Coverage2008
Construction Claims in ColoradoHappening in Construction Law Across the County?2008
MC Consultants' 13th Annual Seminar - Handling Construction Defect Claims: Strategies & TacticsColorado Coverage & Economic Loss Issues2007
Construction Defect Claims in ColoradoConstruction Defect Litigation - Panel Discussion2006
Construction Defect Claims in ColoradoThe Aftermath of Amendment 34: Is H.B. 1161 Still in Effect or Are We Playing Under New Set of Rules?2005
Construction Defect Claims in ColoradoUpdate on Changes in the Law2005
Construction Defect Claims in ColoradoUpdate on Changes in the Law2004
Construction Defect Claims in ColoradoLitigating Construction Defect Claims2004
Construction Defect Claims in ColoradoCase Study - The Sinking Restaurant2003