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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.
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Professional experience:
Higgins, Hopkins,
McLain & Roswell,
L.L.C. - Founding
Member
Denver, Colorado |
2001-Present |
Long
& Jaudon, P.C -
Associate
Denver, Colorado
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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
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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
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Education:
-
Juris
Doctor, University
of Denver College of
Law, 1998
-
Bachelor of Arts,
Political Science,
cum laude, Colorado
State University,
1995
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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
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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
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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).
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Honors &
Awards:
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AV® Preeminent™
Peer Review
Rated by
Martindale-Hubbell.
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Selected for
inclusion in the
2009 and 2010
Colorado Rising
Stars for
construction
litigation and
construction/surety
law by Law &
Politics
Magazine.
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Nominated as one
of 2009 and
2010’s Forty
Under 40 by the
Denver Business
Journal.
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Eagle Scout, Boy
Scouts of
America, Troop
143, Denver, CO,
September 24,
1990.
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Member of
American Mensa.
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Roswell, LLC
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