81-8,303. Terms, defined.
For purposes of the State Contract Claims Act, unless the context otherwise requires:
(1) Contract claim shall mean a claim against the state involving a dispute regarding a contract between the State of Nebraska or a state agency and the claimant other than employment contracts covered by the State Personnel System or entered into pursuant to the State Employees Collective Bargaining Act;
(2) Contracting agency shall mean the state agency which is a party to a contract which gives rise to the contract claim; and
(3) State agency shall mean all departments, agencies, boards, bureaus, and commissions of the State of Nebraska and corporations the primary function of which is to act as, and while acting as, instrumentalities or agencies of the State of Nebraska but shall not include corporations that are essentially private corporations or entities created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. State agency shall not be construed to include any contractor with the State of Nebraska.
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A cause of action for misrepresentation is not a “dispute regarding a contract” under subdivision (1) of this section, because the gravamen of the case is in tort and is independent from any underlying contract. Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48, 825 N.W.2d 204 (2013).
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