§ 25-223.Action on breach of warranty on improvements to real property.
Article 2: Limitation of Actions · Last amended 2020 · Last verified July 22, 2026
Full Text of § 25-223
Source
Laws 1976, LB 495, § 1; Laws 2020, LB808, § 40.
Cross References
Nebraska Condominium Act, see section 76-825.
Plain-English Summary
Construction defect and design claims get their own structure under section 25-223, built on the same discovery-plus-repose pattern used elsewhere in this article. For most improvements to real property — outside condominium projects — the deadline is four years after the act or omission that constitutes the alleged breach of warranty or design deficiency, whether the claim involves defective construction or deficient design, planning, supervision, or observation of construction.
If the defect wasn’t discovered and couldn’t reasonably have been discovered within that four-year period, or within the last year of it, the plaintiff gets an extra two years from the date of discovery, or from discovering facts that would reasonably lead to discovery, whichever comes first. No matter how late the discovery, though, no action may be brought more than ten years after the act or omission — an absolute repose period the discovery rule can’t stretch past.
Condominium projects covered by the Nebraska Condominium Act get a compressed version of the same structure: two years after the act or omission instead of four, a one-year discovery extension instead of two (again triggered by non-discovery within the base period or its final year), and a five-year absolute cap instead of ten. A condominium claim also has to satisfy the separate requirements of section 76-890.
Frequently Asked Questions
How long do I have to sue a contractor for defective construction in Nebraska?
Four years after the act or omission that constitutes the alleged breach of warranty or design deficiency, for improvements outside a condominium project, subject to a discovery extension and a ten-year absolute cap.
What if I didn’t discover the construction defect until later?
If it wasn’t discovered and couldn’t reasonably have been discovered within the four-year period, or within the last year of it, you get two years from discovery or from discovering facts reasonably leading to discovery, whichever comes first — but never more than ten years total after the act or omission.
Is the deadline different for a condominium?
Yes. For improvements that are part of a condominium project under the Nebraska Condominium Act, the base period is two years, the discovery extension is one year, and the absolute cap is five years, and the claim must also satisfy section 76-890’s separate requirements.
Does this section cover architects and engineers, or only contractors?
It covers alleged deficiencies in the design, planning, supervision, or observation of construction of an improvement to real property, in addition to construction itself, so it reaches design professionals as well as contractors.
Is there any way to sue more than ten years (or five, for a condominium) after the defective work?
No. The ten-year cap for non-condominium improvements, and the five-year cap for condominium projects, are absolute limits that the discovery extension cannot extend past.