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HIGGINS, HOPKINS, McLAIN & ROSWELL, LLC

100 Garfield Street
Suite 300
Denver, CO 80206
303-987-9870

 

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David M. McLain

David M. McLain is a founding member of Higgins, Hopkins, McLain & Roswell, LLC, a firm which specializes in construction defect and general civil 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. 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 homebuilders, regional and custom builders, a Fortune 200 company, and numerous insurance carriers. Mr. McLain is an AV® Preeminent™ Peer Review Rated attorney by Martindale-Hubbell and is a regular speaker at seminars regarding construction defect litigation in Colorado. In addition, he is proud to serve as an instructor for the Home Builders Association of Metropolitan Denver’s Quality Construction Certification program.

Professional experience:

Higgins, Hopkins, McLain & Roswell, L.L.C. - Founding Member
Denver, Colorado
2001-Present
Long & Jaudon, P.C - Associate
Denver, Colorado
1998 - 2001

Bar admissions:

  • United States District Court for the District of Colorado, 1999
     

  • United States Court of Appeals for the Tenth Circuit, 1999
     

  • Colorado Supreme Court, 1998


Professional activities: (some positions not currently held)

  • Member, Colorado Bar Association
     
  • Member, Denver Bar Association
     
  • At-Large Director, Colorado Defense Lawyers Association, 2010
     
  • Member, Council on Litigation Management, 2010
     
  • Voting Member, Government Affairs Committee of the Colorado Association of Home Builders, 2010
     
  • Member, Home Builders Association of Metro Denver
     
  • Member, Colorado Association of Home Builders
     
  • Member, Associated General Contractors of Colorado
     
  • Member, Defense Research Institute, 2005 to Present
     
  • Member, Construction Law Attorney Forum of the National Association of Home Builders, 2009 to Present
     
  • Board Member, Associate Member Council of the Home Builders Association of Metro Denver, 2003 and 2004
     
  • Graduate, Home Builders Association of Metro Denver, Quality Construction Committee Certification Course, 2002

Education:

  • Juris Doctor, University of Denver College of Law, 1998
     

  • Bachelor of Arts, Political Science, cum laude, Colorado State University, 1995

Speaking Engagements:

  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, June 24, 2010

    “What’s Happening in Colorado Construction Law?” - Co-Presenter

    “Additional Insured Coverage for Developers and General Contractors” - Co-Presenter
     

  • West Coast Casualty’s Construction Defect Seminar, Anaheim, CA, May 13, 2010 -

    Standing. . . Who Really Has the Right to Bring an Action in Construction Defect Cases?” - Panelist
     

  • Colorado Construction Defect Law Seminar, Denver, CO, MC Consultants, Inc. and Esquire Solutions, February 25, 2010

    “Colorado Construction Defect Law Update”
    - Panelist
     

  • Rocky Mountain Builder Conference & Expo, Beaver Creek, CO, Colorado Association of Home Builders, October 8, 2009

    Construction Defects A to Z” - Co-Presenter
     

  • MC Consultants’ 15th Annual West Region Construction Defect and Construction Law Conference, San Diego, CA, September 18, 2009

    “Rocky Mountain States Coverage & Current Trends”
    - Moderator and Panelist
     

  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, January 13, 2009

    “What’s Happening in Colorado Construction Law?”
    - Co-Presenter

    Additional Insured Coverage for Developers and General Contractors” - Co-Presenter
     

  • MC Consultants’ 14th Annual Conference - West Region Construction Defect & Construction Law Conference, Colorado Springs, CO, October 17, 2008

    “New Conflicts with AI Coverage” - Panelist
     

  • Using OCIPs and CCIPs in Colorado, Denver, CO, Lorman Education Services, June 25, 2008

    “Construction Defect Claims and Coverage Under a Liability Policy”

    “Coverage Considerations Under an OCIP or CCIP” - Co-Presenter

    “Claim Issues Under OCIP or CCIP”
     

  • West Coast Casualty’s Construction Defect Seminar, Anaheim, CA, May 8, 2008

    “The Rest of the West: The 5 Things You Need to Know About CO, ID, HI, WA, and OR”
    - Panelist
     

  • Construction Claims in Colorado, Denver, CO, Lorman Education Services, January 10, 2008

    “Happening in Construction Law Across the County?” -
    Co-Presenter
     

  • MC Consultants’ 13th Annual Seminar - Handling Construction Defect Claims: Strategies & Tactics, Colorado Springs, CO, October 20, 2007

    “Colorado Coverage & Economic Loss Issues” -
    Panelist
     

  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, January 10, 2007

    “Update on Changes in the Law”
     

  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, January 19, 2006

    “Update on Changes in the Law”
    “Construction Defect Litigation - Panel Discussion” - Panelist
     

  • Construction Defect Claims in Colorado, Colorado Springs, CO, Lorman Education Services, August 10, 2005

    “Update on Changes in the Law”
    “Litigating Construction Defect Claims” - Co-Presenter
     

  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, January 19, 2005

    “Update on Changes in the Law”

    “The Aftermath of Amendment 34: Is H.B. 1161 Still in Effect or Are We Playing Under New Set of Rules?” - Panelist

    “Case Study - The Sinking Restaurant” - Co-Presenter
     

  • Construction Defect Claims in Colorado, Colorado Springs, CO, Lorman Education Services, August 31, 2004

    “Update on Changes in the Law”
    “Litigating Construction Defect Claims” - Co-Presenter
     

  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, January 7, 2004

    “Update on Changes in the Law”
     

  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, January 24, 2003

    “Case Study - The Sinking Restaurant” - Co-Presenter

Reported cases:

  • Microsemi Corp. of Colorado v. Broomfield County Bd. of Equalization, 200 P.3d 1123 (Colorado Court of Appeals 2008).
     
  • Stiff v. Bilden Homes, Inc., 88 P.3d 639 (Colorado Court of Appeals 2003).
     
  • Cooper v. United States Ski Ass’n, 48 P.3d 1229 (Colorado Supreme Court 2002).
     
  • Cooper v. United States Ski Ass’n, 32 P.3d 502 (Colorado Court of Appeals 2000).

Honors & Awards:

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell.
     
  • Selected for inclusion in the 2009 and 2010 Colorado Rising Stars for construction litigation and construction/surety law by Law & Politics Magazine.
     
  • Nominated as one of 2009 and 2010’s Forty Under 40 by the Denver Business Journal.
     
  • Eagle Scout, Boy Scouts of America, Troop 143, Denver, CO, September 24, 1990.
     
  • Member of American Mensa.

 

   

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