A-13-0429 James A. Adams and Rebecca Z. Adams, husband and wife (Appellants) v. Manchester Park, L.L.C. and Southfork Homes, Inc.
Douglas County, Judge J. Michael Coffey
Attorneys: James A. Adams (Law Offices of James A. Adams PCLLO) (Appellant) --- (David J. Stubstad, Patrick S. Cooper (Fraser Stryker PCLLO) (for Southfork Homes, Inc.) --- Larry E. Welch, Sr. (Welch Law Firm P.C.) (for Manchester Park, L.L.C.) --- Edward H. Tricker, Jerry L. Pigsley, Erin L. Ebeler (Woods & Aitken LLP) (for Amicus Curiae Nebraska Building Chapter of AGC and AGC Nebraska Chapter)
Civil: Statute of Limitations
Proceedings below: The trial court dismissed Appellants' Complaint pursuant to Appellees' Motion for Summary Judgment. The Court of Appeals affirmed in part, and in part reversed and remanded for further proceedings. See Adams v. Manchester Park L.L.C., 22 Neb. App. 525 (2014). Appellee filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: 1. The Court of Appeals erred in changing Nebraska law, and disregarding established Nebraska law regarding the statute of limitations for defective construction claims, in holding that the statute of limitations would not expire until five years after substantial completion of the house. 2. The Court of Appeals erred in holding that the statute of limitations for alleged defective construction of a new home began to run more than one year after construction of the house was substantially completed (upon expiration of a one-year limited warranty), rather than at the time of substantial completion.