Nebraska Complaint regarding Subcontractor against contractor and surety
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FAQ
An action upon a contract in writing must be commenced within five years after cause of action has accrued.
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.
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.
Issue: Under Nebraska law, what are the elements of a breach of contract claim? The elements of a cause of action for breach of contract are (1) the existence of a promise; (2) a breach of that promise; (3) damage; and (4) the promisee's compliance with any conditions precedent.
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.
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.
