CONSTRUCTION DEFECT JOURNAL
"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, NOVEMBER 19, 2025
The case underscores how critical it is to identify, document, and evaluate early signs of construction distress, because waiting for confirmation of a defect can mean the difference between a viable claim and one that is time-barred.
When “Normal Cracking” Isn’t So Normal: Parra v. Gillaspie Construction and the Two-Year Clock on Construction Defect Claims
November 18, 2025
David McLain - Colorado Construction Litigation Blog
In Michelle and Michael Parra v. Gillaspie Construction, Inc. and Johnson Excavation, Inc. (Colo. App. No. 18CA0800, Mar. 21, 2019), not selected for official publication, the Colorado Court of Appeals reaffirmed an essential principle for builders, homeowners, and insurers alike: under the Colorado Construction Defect Action Reform Act (“CDARA”), the statute of limitations begins to run when a homeowner first observes physical manifestations of a defect, not when the homeowner later learns what caused those problems or concludes they are “excessive.”
The case underscores how critical it is to identify, document, and evaluate early signs of construction distress, because waiting for confirmation of a defect can mean the difference between a viable claim and one that is time-barred.
Background: Cracks, Gaps, and Growing Concern
The Parras hired Gillaspie Construction and Johnson Excavation to build a custom home in Routt County. They moved in January 2010. Within the first year, they noticed cracks in walls, a kitchen backsplash pulling away, and flooring that was “[c]upping and gapping.” By 2013, additional cracking appeared in the office and hallway, gaps opened around the fireplace and hearth, and certain cabinet doors began to misalign.
Mr. McLain may be contacted at mclain@hhmrlaw.com
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
CDJ NEWS THIS WEEK
SB 440 appears to significantly reshape payment dynamics on California’s private construction projects, and its success in promoting timely payment and reducing disputes will depend on how effectively each party implements and adheres to these new processes.
California’s Fair Payment Act: What Every Owner, Developer, and Contractor Should Know About SB 440
Mr. DeVries may be contacted at mdevries@buchalter.com
Reprinted courtesy of Matthew DeVries, Buchalter
The Supreme Court was recently tasked with determining whether the NEPA has evolved from a public disclosure law to a tool used to block projects altogether in Seven County Infrastructure Coalition v. Eagle County, Colorado.
Environmental Due Diligence - What's The Hold Up?
Mr. Lloyd may be contacted at tlloyd@stites.com
Reprinted courtesy of W. Tyler Lloyd, Stites and Harbison, PLLC
Remember, the language in contracts matter, including language uses in the prefatory Wherefore clauses.
The Prefatory Wherefore Clauses in Agreements Matter
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris
Those who do not amend their home improvement contracts for 2026 can be found to be in violation of contractors’ license law.
New Legislation Requires Changes to your California Home Improvement Contract for 2026
Mr. Porter may be contacted at bporter@porterlaw.com
Reprinted courtesy of William L. Porter, Porter Law Group
The court held the policy’s Employer’s Liability Exclusion precluded coverage for the injured individual who was deemed to be an employee of the insured.
Employer’s Liability Exclusion Bars Coverage
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Testifying Construction and Building Industry Standard of Care Expert Witness
General Construction Investigation - Licensed General Building Contractor CA, AZ, UT, FL
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Snell & Wilmer's San Diego office has been selected as one of the 2025 “Best Places to Work” by the San Diego Business Journal.
Snell & Wilmer’s San Diego Office Recognized as One of the “Best Places to Work” by the San Diego Business Journal
Reprinted courtesy of Snell & Wilmer
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A competitor challenged the state's award of a highway service plaza contract.
Suffolk and MassDOT Texts Played Role in State Contract Rebid Controversy
Mr. Korman may be contacted at kormanr@enr.com
Reprinted courtesy of Richard Korman, Engineering News-Record
Each year, no more than 5 percent of the lawyers in the region (and 2.5 percent for Rising Stars) are selected by the research team at Super Lawyers to receive this honor.
Seven Kahana Feld Attorneys Selected to 2025 New York Metro Super Lawyers Lists
Ms. Paulson may be contacted at epaulson@kahanafeld.com
Reprinted courtesy of Eva Paulson, Kahana Feld
Not all construction company safety plans are created equal - nor should they be.
Public works contractors deserve clarity.
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Mr. Hill may be contacted at brett.hill@acslawyers.com
Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
To rebuild its devastated downtown, the city has a plan to tap local capital and small developers - an approach that might be a model for other Rust Belt towns.
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Reprinted courtesy of Zach Mortice, Bloomberg
ABOTA is a national association of experienced trial lawyers and judges who are dedicated to preserving the civil jury trial as well as educating and training trial lawyers.
Brian Newberry Accepted into ABOTA
Reprinted courtesy of Lewis Brisbois
Consulting Design and Architecture Expert Witness
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California Architectural Registration Board Supplemental Examination Commissioner
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ENR may be contacted at enr@enr.com
Reprinted courtesy of Leslie Nemo, Engineering News-Record
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Bert L.. Howe & Associates, Inc., provides construction-related expert witness investigation and trial support services to the nation's most recognized publicly traded builders, commercial general liability carriers, law firms, and construction practice groups. To schedule a no-cost consultation with a construction or design expert possessing the credentials, licensures, and qualifications best suited to your matter, please contact us at 800.482.1822
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