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January 9, 2015

The Nebraska Court of Appeals recently found that when a contractor provides an owner with an express warranty to repair defects in a project, the four-year statute of limitations for breach of either that express warranty, or for the implied warranty of workmanlike performance, does not commence running until the end of the warranty period. See James Adams v. Manchester Park, L.L.C. and Southfork Homes, Inc., 22 Neb. App. 525, 885 N.W.2d 819 (Neb. Ct. App. 2014). The contractor involved in the decision has petitioned the Nebraska Supreme Court for further review of the case. However, if not altered by the Nebraska Supreme Court, Adams would mean that the statute of limitations for construction breach-of-warranty claims does not begin to run at substantial completion, but instead at the end of any contractually agreed warranty period. Contractors therefore will want to watch closely the Nebraska Supreme Court’s decision with regard to the Adams case.

Client Alert
April 4, 2013
January 27, 2012
September 15, 2011

Kutak Rock attorney Jad T. Davis authored an article in the September-October 2011 issue of the Southern California Contractors Association magazine (SCCA Magazine) titled "6 Critical Changes to General Permit Compliance."

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July 15, 2011
Kutak Rock attorney Jad T. Davis authored an article in the July-August 2011 issue of Constructor titled "The Coming Storm―EPA Should Devise a Stormwater Program That Gives Contractors More Geographical Flexibility." 
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March 15, 2011
Kutak Rock attorney Jad T. Davis authored an article in the March/April 2011 issue of Storm Water Solutions titled "Permits Cross-Examined―Assessing Potential Impacts of Revising the National Storm Water Program." 
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November 10, 2008

Kutak Rock attorney Jad T. Davis authored an article in the Winter 2013 issue of The Los Angeles Daily Journal titled "A Case of Mistaken Indemnity." The article discusses the interpretation of the often separate and distinct indemnity and defense duties in indemnity contracts.

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April 15, 2004

Kutak Rock attorneys Bradley P. Boyer and Jad T. Davis have published an article in the April 2004 issue of Construction Executive titled "How to Minimize Potential Liability for Jobsite Injuries."

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