David M. McLain


Higgins, Hopkins, McLain & Roswell, LLC
3900 East Mexico Ave
Suite 500
Denver, CO 80210

Tel: (303) 987-9870

Email: mclain@hhmrlaw.com
Web: www.hhmrlaw.com

David 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, general contractors, and other construction professionals. As a result of the experience gained by defending some of Colorado’s largest residential construction defect lawsuits, construction professionals 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.

In 2015, Law Week Colorado named Mr. McLain’s as the Barrister’s Choice for Best Construction Defects Lawyer for Defendants.  In 2019, he was recognized by that same publication as the People’s Choice in the same category. 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.

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
  • Named as the 2019 People’s Choice for Best Construction Defects Lawyer for Defendants by Law Week Colorado
  • Named as 2015’s Barrister’s Best Construction Defects Lawyer for Defendants by Law Week Colorado
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell.
  • Selected for inclusion in the 2009 through 2012 Colorado Rising Stars for construction litigation and construction/surety law by Law & Politics Magazine.
  • Nominated as one of 2009 through 2012’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.
  • Fellow, Colorado Lawyers Society of America (2018)
  • Member, Colorado Association of Home Builders’ Board of Directors (2013 to Present) and Executive Committee (2013 to 2017)
  • Certified Litigation Management Professional,, Claims and Litigation Management Alliance, Litigation Management Institute (October 2013)
  • Voting Member, Government Affairs Committee of the Colorado Association of Home Builders (2010 to Present)
  • At-Large Director, Colorado Defense Lawyers Association (2010 to 2011)
  • Member, Home Builders Association of Metro Denver
  • Board Member, Associate Member Council of the Home Builders Association of Metro Denver (2003 to 2004)
  • Graduate, Home Builders Association of Metro Denver, Quality Construction Committee Certification Course (2002)
  • Member, Colorado Association of Home Builders
  • Member, Construction Law Attorney Forum of the National Association of Home Builders (2009 to Present)
  • Member, Claims & Litigation Management Alliance
  • Member, Colorado Bar Association
  • Member, Denver Bar Association
  • Graduate, Rocky Mountain Deposition Program: Taking and Defending Depositions, National Institute for Trial Advocacy (1998)
  • Graduate, Rocky Mountain Regional Program, Building Trial Skills, National Institute for Trial Advocacy (1999)
  • 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).
At HHMR, our approach to Colorado construction law is as insightful and comprehensive as you will find anywhere. With a team of experienced construction attorneys, we have handled a variety of court cases and negotiations for our commercial clients, including construction defect defense. General contractors, developers, and insurers turn to us because they know that our team of experienced attorneys are committed to securing the best outcome on their behalf, and are offered the personal attention and wide-ranging legal acumen.

By focusing our practice on Colorado construction law, and especially construction defect defense, the team at HHMR has gained a familiarity with, and reputation for, adeptly managing these types of cases. We pride ourselves on offering the same legal expertise as many of our larger competitors, but with a personal and cost-effective way of doing business.

We are leaders in a number of areas of Colorado construction law which allows us to help our clients to secure favorable outcomes to challenges and to change the way these legal cases are tried in our state. Our areas of expertise extend to almost every area of Colorado construction law, with a particular focus on:

  • Construction defect defense
  • Construction insurance defense
  • Colorado construction governmental affairs and legislation monitoring
  • Risk management and claim avoidance

Regardless of whether you are currently facing litigation, want to review your legal exposure, or simply need a Colorado construction law team working and consulting at your side, our firm is here to help.

At Higgins, Hopkins, McLain & Roswell, our focus is to ensure we provide the very best in Colorado construction legal representation combined with personal attention to our clients. When general contractors, developers, and insurers turn to us, it is because they know that our team of experienced attorneys are committed to securing the best outcome on their behalf–whether it is through court proceedings, arbitration, or mediation, we are there with our clients’ best interest in mind.

HHMR was formed more than 18 years ago by attorneys who have represented clients from virtually every sector of Colorado’s construction industry, with a particular focus on construction defect defense, construction payment claims, and insurance defense. We also offer governmental affairs and legislative monitoring as part of our mission to change the way construction defense cases are tried in our state. Although HHMR maintains a boutique feel, our confidence stems from a proven track record of success and we stand shoulder-to-shoulder with even the largest of our colleagues and competitors, while representing a wide range of clients, from individuals and small businesses to Fortune 500 companies.

As the Colorado construction industry continues to recover, the legal landscape that surrounds it is expanding rapidly. By devoting our time and resources solely to Colorado construction law, HHMR has developed an exceptional expertise and is able to provide a unique perspective to all of our clients, especially those looking for protection from litigation or who are seeking to mitigate their risk as builders and developers. As valuable as our expertise is, however, it is our unwavering devotion to the details of each particular situation that sets us apart among Colorado construction defense attorneys.