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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Nebraska, a construction defect is considered a deficiency in the design, workmanship, or materials used in constructing a building that fails to meet the minimum acceptable standards within the construction industry or does not fulfill the owner's reasonable expectations. The Nebraska statutes do not have a specific chapter dedicated to construction defects, but such matters are generally governed by contract law, negligence, and warranty claims. The Nebraska Construction Prompt Pay Act, Neb. Rev. Stat. §§ 45-1201 to 45-1210, may also be relevant as it addresses timely payment for construction services, which can be related to disputes over construction defects. Additionally, the Nebraska statutes of limitations set time frames within which legal action must be taken for construction defects. For instance, under Neb. Rev. Stat. § 25-223, actions based on a written contract must be commenced within five years, and actions for property damage must be commenced within four years under Neb. Rev. Stat. § 25-207. It is important for property owners and contractors to be aware of these legal frameworks to address any construction defect issues that arise.

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Construction law

defects

Individual & Family Legal Plan

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Nebraska State Code

Nebraska State Code

Construction law

defects

Articles