§ 25-223.Action on breach of warranty on improvements to real property.

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.