James William Bain

James William Bain is an accomplished attorney whose career has spanned more than four decades in commercial and construction law. With academic training at the University of Connecticut and the University of Florida, Bain built a reputation not only as a litigator but also as a teacher, writer, firm leader, and arbitrator. His work reflects a consistent dedication to advancing legal practice while balancing service, mentorship, and scholarship.

He began his academic journey at the University of Connecticut, graduating cum laude in 1972. His election to Phi Beta Kappa marked him as a scholar with exceptional promise. From there, he pursued his legal education at the University of Florida College of Law, earning his Juris Doctor cum laude in 1976. During this time, he sharpened his ability to break down complex legal matters and present them in clear, persuasive terms, laying the groundwork for his future career.

Shortly after graduation, Bain returned to the University of Florida as an instructor, teaching Trial Practice and Appellate Advocacy. His teaching career later extended to the University of Colorado Law School, where he continued to mentor law students and provide them with practical skills for real-world application. His role as an educator underscored his commitment to nurturing the next generation of legal professionals.

Bain’s professional career began with the Tennessee Valley Authority (TVA), one of the nation’s largest federal agencies, where he joined a legal team of more than 90 attorneys. His work at TVA provided early exposure to significant litigation and complex legal strategy. In 1980, he was chosen to lead TVA’s damage analysis team in the Uranium Antitrust Litigation (MDL 342), one of the era’s most challenging and high-profile antitrust cases. In this role, he combined legal expertise with financial and analytical skill, coordinating work across multiple teams and experts. The litigation concluded with a $250 million recovery from Gulf Oil, a significant achievement for both TVA and Bain personally.

In 1985, Bain transitioned to private practice in Colorado, joining the respected law firm Roath and Brega. Within a year, he was elevated to partner, a reflection of his professional reputation and effectiveness in the courtroom. His practice focused on commercial and construction law, areas that required navigating disputes involving multiple parties, substantial contracts, and considerable financial interests. In 1990, he moved to Brega and Winters, continuing to expand his portfolio and establish himself as a trusted authority in these fields.

His entrepreneurial drive culminated in 2004 when he co-founded the firm Benjamin, James William Bain, and Howard. The firm was built on a commitment to providing high-quality, client-centered legal services in commercial and real estate law. By 2009, attorney Al Cohen had joined the partnership, leading to the creation of Benjamin, Bain, Howard, and Cohen. That same year, all four partners were named to the Super Lawyers list, and the firm was profiled in Newsweek’s special edition on Colorado attorneys, a testament to its standing in the Denver legal community.

Alongside his litigation and leadership work, Bain has been a prolific writer and thought leader in construction law. For over 20 years, he served as editor of the “Construction Forum” in Colorado Lawyer, the journal of the Colorado Bar Association. His published works include several influential articles, such as Negligence: The Construction Claim Panacea? (1986), two 1987 pieces on the decline of caveat emptor in Colorado law, and Risk and Responsibility in Public Construction Contracts (1988). That same year, he also published Negligence Claims in Construction Litigation in The Construction Lawyer, a national journal. In 1997, he authored Landmark Changes in Colorado Construction Law, which examined pivotal shifts in the state’s legal framework. His writings continue to be referenced for their depth and clarity.

His professional contributions extended beyond the courtroom and the page. He served as Chairman of the Legal Advisory Committee for the Associated General Contractors of Colorado for five years, providing critical guidance on legal matters affecting the construction industry. In addition, he was a member of the National Panel of Arbitrators for the American Arbitration Association, specializing in construction and commercial disputes. As a frequent speaker, he presented at seminars for the Colorado Bar Association, the American Bar Association, and the Real Estate Section of the Colorado Bar, as well as chairing programs for the Institute for Advanced Legal Study.

Bain’s work has earned him numerous honors. He received the Civil Litigation Writing Award from the Colorado Bar Association in 1986 and 1987, a recognition of his clarity and insight as a legal author. He has been listed in Outstanding Lawyers of America, a distinction that limits membership to only 100 attorneys per state. His career has also been recognized in Marquis publications, including Who’s Who in American Law, Who’s Who in America, and Who’s Who in the World.

Today, James William Bain of Littleton, Colorado, is remembered as a lawyer who brought integrity, intellect, and leadership to every facet of his career. From academic teaching to federal service, from law firm leadership to thought leadership in legal literature, he has made lasting contributions to the field of commercial and construction law. His career reflects not only professional accomplishment but also a deep commitment to the ongoing development of the legal profession.

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