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also known as David M. McLain
David McLain is a founding member of Higgins, Hopkins, McLain & Roswell, LLC and focuses his practice on construction defect and construction-related litigation throughout Colorado. He represents developers, general contractors, subcontractors, and other construction professionals in complex, multi-party disputes, including high-exposure matters involving millions of dollars in claimed damages.
David has been recognized as a Tier 1 lawyer by The Legal 500 in its 2026 Denver Elite rankings for Real Estate, a category that includes construction and construction litigation. He has also been selected for inclusion in Best Lawyers in America from 2021 through 2026 for construction law and litigation of construction claims and in Colorado Super Lawyers from 2020 through 2026 for construction litigation. He was named Law Week Colorado’s Barrister’s Best Construction Defects Lawyer for Defendants, receiving the Barrister’s Choice award in 2015 and the People’s Choice award in 2019, and holds an AV Preeminent Peer Review Rating from Martindale-Hubbell. Earlier in his career, he was recognized as a Colorado Rising Star from 2009 through 2012 for construction litigation and construction and surety law and was nominated to the Denver Business Journal’s Forty Under 40 during that same period.
David approaches litigation with a clear focus: achieve the best possible outcome as early as possible and at the lowest possible total cost, including both attorneys’ fees and litigation expenses. In an industry where cases often become prolonged and inefficient, he emphasizes disciplined case management, strategic positioning, and proactive execution to drive matters toward resolution.
Over the course of his career, David has defended some of Colorado’s largest residential construction defect cases and has developed extensive experience advising clients on risk avoidance and claim management strategies. His clients include national and regional homebuilders, developers, contractors, and insurance carriers who rely on him to handle complex litigation and align legal strategy with business objectives.
In addition to his litigation practice, David is responsible for marketing and business development at the firm and plays a central role in shaping its strategic direction. Through the firm’s implementation of the Entrepreneurial Operating System (EOS), he has helped develop a systemized, team-driven approach to litigation that prioritizes accountability, efficiency, and consistent results across matters.
David earned his undergraduate degree, cum laude, from Colorado State University and his Juris Doctor from the University of Denver Sturm College of Law. He is also a Certified Litigation Management Professional through the Claims and Litigation Management Alliance.
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Chat withState: Colorado
Acquired: 1998
No misconduct found
3801 E. Florida Ave., Suite 909, Denver, CO, 80210
1 Client Review
Showing 1 - 1 of 1 review
Posted by Mark | March 25, 2010
Excellent construction litigation Attorney - Highly Recommended
I have been working with David for over 2 years on a complex litigation case involviong our business. David is an excellent construction litigation attorney. I'm very pleased with his services that he recently provided to us. David is very detailed and highly knowledgeable of the facts and the legal ...
"Dave is tireless and effective advocate for builders, developers, and contractors. I highly endorse him."
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2026
Tier 1 - Real Estate (Construction and Construction Litigation), Legal 500 - Denver Elite
2026
Super Lawyer, Super Lawyers
2025
Super Lawyer, Super Lawyers
2024
Super Lawyer, Super Lawyers
2023
Super Lawyer, Super Lawyers
2022
Super Lawyer, Super Lawyers
2021
Super Lawyer, Super Lawyers
2020
Super Lawyer, Super Lawyers
2019
Best Construction Defects Lawyer for Defendants, Law Week Colorado
2015
Best Construction Defects Lawyer for Defendants, Law Week Colorado
2012
Selected for inclusion in the 2012 Colorado Rising Stars, Law & Politics Magazine
2012
Nominee - Forty Under 40, Denver Business Journal
2012
Super Lawyer, Super Lawyers
2011
Selected for inclusion in the 2011 Colorado Rising Stars, Law & Politics Magazine
2011
Nominee - Forty Under 40, Denver Business Journal
2011
Super Lawyer, Super Lawyers
2010
Selected for inclusion in the 2010 Colorado Rising Stars, Law & Politics Magazine
2010
Nominee - Forty Under 40, Denver Business Journal
2010
Super Lawyer, Super Lawyers
2009
Super Lawyer, Super Lawyers
2009
Nominee - Forty Under 40, Denver Business Journal
2009
AV® Preeminent™ Peer Review Rated, Martindale-Hubbell (www.martindale.com/ratings)
2009
Selected for inclusion in the 2009 Colorado Rising Stars, Law & Politics Magazine
2001 - Present
Member, Higgins, Hopkins, McLain & Roswell, LLC
1998 - 2001
Associate, Long & Jaudon, PC
2010 - Present
Colorado Association of Home BuildersVoting member of the Governmental Affairs Committee
2010 - Present
Council on Litigation ManagementMember
2009 - Present
Construction Law Attorney Forum of the National Association of Home Builders (NAHB)Member
1998 - Present
Colorado Bar AssociationMember
1998 - Present
Denver Bar AssociationMember
Member
2013 - 2013
Claims & Litigation Management AllianceCertified Litigation Management Professional
2010 - 2012
Colorado Defense Lawyers AssociationAt-Large Director
2010 - 2011
Entrepreneurs' Organization of ColoradoLearning Chair
2008 - 2010
Entrepreneurs' Organization of ColoradoFinance Chair
2005 - 2009
Denver Highlanders R.F.C.Board Member
2005 - 2013
Defense Research InstituteMember
2003 - 2004
Associate Member Council of the Home Builders Association of Metro DenverBoard Member
1998
JD - Juris Doctor
1995
BA - Bachelor of Arts
2014
2014
2014
2014
2014
2013
Managing Construction Risk From Start to Finish
2013
2012
The GL Marketplace for Construction Professionals and Legal Issues Post HB 10-1394
2012
Common Building Code Violations
2010
2010
2010
What’s Happening in Colorado Construction Law? and Additional Insured Coverage for Developers and General Contractors
2010
2009
2009
Rocky Mountain States Coverage & Current Trends
2009
What's Happening in Colorado Construction Law?
2008
The Rest of the West: The 5 Things You Need to Know About CO, ID, HI, WA, and OR
2008
Claim Issues Under OCIP or CCIP
2008
New Conflicts with AI Coverage
2008
Happening in Construction Law Across the County?
2007
Colorado Coverage & Economic Loss Issues
2006
Construction Defect Litigation - Panel Discussion
2005
The Aftermath of Amendment 34: Is H.B. 1161 Still in Effect or Are We Playing Under New Set of Rules?
2005
Update on Changes in the Law
2004
Update on Changes in the Law
2004
Litigating Construction Defect Claims
2003
Case Study - The Sinking Restaurant
2014
2012
2012
2011
2011
2010
2010
2009
2007