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Adams v. Manchester Park, L.L.C.

Supreme Court of Nebraska

October 23, 2015

JAMES A. ADAMS, APPELLANT,
v.
MANCHESTER PARK, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY, AND SOUTHFORK HOMES, INC., A NEBRASKA CORPORATION, APPELLEES AND REBECCA Z. ADAMS, APPELLEE,

Petition for further review from the Court of Appeals, Inbody, Chief Judge, and Irwinand Bishop, Judges, on appeal thereto from the District Court for Douglas County, J. Michael Coffey, Judge.

James A. Adams, of Law Offices of James A. Adams, P.C., L.L.O., Pro se.

Larry E. Welch, Sr., of Welch Law Firm, P.C., for appellee Manchester Park, L.L.C.

Patrick S. Cooper and David J. Substad, of Fraser Stryker, P.C., L.L.O., for appellee Southfork Homes, Inc.

Edward H. Tricker, Jerry L. Pigsley, and Erin L. Ebeler, of Woods & Aitken, L.L.P., for amici curiae AGC Nebraska Chapter and Nebraska Building Chapter of AGC.

HEAVICAN, C.J., WRIGHT, CONNOLLY, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ. Stephan, J., not participating. CONNOLLY, J., concurring.

OPINION

Page 216

[291 Neb. 979] McCormack, J.

NATURE OF CASE

Southfork Homes, Inc. (Southfork), petitioned this court for further review after the Nebraska Court of Appeals found an action brought against it for defective construction of a home was not barred by the applicable statute of limitations. We conclude the Court of Appeals erred, and we reverse, and remand to the Court of Appeals with directions to affirm the judgment of the district court.

BACKGROUND

The underlying facts are fully set forth in the opinion issued by the Court of Appeals.[1] We restate only the most relevant ones here.

In August 2006, James A. Adams and Rebecca Z. Adams, the homeowners, executed a purchase agreement with Southfork for the construction of a new home. The home was to be built on a lot purchased by Southfork in 2004 from Manchester Park, L.L.C. (Manchester), a developer. Manchester had completed grading on the lot in 2003.

The home was substantially completed and a final walk-through inspection occurred on September 19, 2007. On September 20, Southfork issued the homeowners a 1-year limited warranty for material defects in workmanship or materials.

[291 Neb. 980] Within 6 months, the homeowners noticed cracks in walls and tiles, roof leaks, and windows that would not open. Southfork told the homeowners that they should wait until the expiration of the 1-year limited warranty to request repairs, and the homeowners did so. Southfork then attempted to make repairs, but the issues persisted.

Page 217

In December 2009, a specialist hired by the homeowners reported potential issues with the foundation of the home. In July 2011, another specialist hired by the homeowners performed test borings on the soil of the lot and concluded the soil was improperly compacted. On September 22, ...


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