This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Nebraska Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
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How to fill out Complaint For Defective Home Construction, Defective Design?
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FAQ
Nebraska law provides a four- year statute of limitations for acts or omissions constituting a breach of warranty or a design defect. § 25-223. The statute applies only to actions brought against contractors or builders.
Typically, the homeowner needs to pay the contract price minus the reduced market value of the home (caused by the error). For example: A builder has a contract price of $100,000 to build a home. The builder accidentally has a subcontractor do bad plumbing work.
The 2-year statute of limitations is not tolled where the plaintiff discovers the alleged negligence within 2 years of the allegedly negligent act or omission, and therefore, a professional negligence action is barred unless filed within 2 years of the occurrence of such act or omission.
(1) Any action to recover damages based on any alleged breach of warranty on improvements to real property or based on any alleged deficiency in the design, planning, supervision, or observation of construction, or construction of an improvement to real property, except improvements to real property subject to the ...
As a general rule, if the owner hired whoever drafted the construction plans, or if whoever drafted the faulty plans is an employee or agent of the owner, it is the owner who will be liable for defective plans.
An action upon a contract in writing must be commenced within five years after cause of action has accrued.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.