39-1345.01. State highways; public use while under construction, repair, or maintenance; contractor; liability.
Whenever the department, under the authority of section 39-1345, permits the public use of a highway undergoing construction, repair, or maintenance in lieu of a detour route, the contractor shall not be held responsible for damages to those portions of the project upon which the department has permitted public use, when such damages are the result of no proximate act or failure to act on the part of the contractor.
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This section exempts contractors from liability for damages caused to public works by the public allowed to travel on the highway under construction, except where the specifications contemplated that the public would travel on the highway during construction. Slagle v. J.P. Theisen & Sons, 251 Neb. 904, 560 N.W.2d 758 (1997).
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