39-1345.02. State highways; construction; contractor; liability.
A contractor shall not be held responsible, either during construction or after construction is completed, for damages which may result from or be due to inadequate, faulty, or insufficient design, plans, or specifications.
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This section provides an exception to section 39-1345.01 wherein, if contractors follow specifications provided, but those specifications are inadequate, faulty, or insufficient and so the traveling public still damages public works despite the implementation of the specifications, the contractors will not be liable for the damages to the actual construction project. The definition of damages found in section 39-1345.01 limiting damages to only those caused to an actual construction project also applies to the word "damages" as it appears in this section. Slagle v. J.P. Theisen & Sons, 251 Neb. 904, 560 N.W.2d 759 (1997).
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