MCCAULLEY v. C L ENTERPRISES, INC.

No. S-20-075.

959 N.W.2d 225 (2021)

309 Neb. 141

Richard MCCAULLEY, individually and as Personal Representative of the Estate of Michelle McCaulley, appellant, v. C L ENTERPRISES, INC., a Nebraska corporation, et al., appellees.

Supreme Court of Nebraska.

Filed May 7, 2021.


Attorney(s) appearing for the Case

Andrew M. Hollingsead and Michael J. Matukewicz , of Liakos & Matukewicz, L.L.C., Omaha, for appellant.

Robert D. Mullin, Jr. , of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellee Able Plumbing, Inc.

Robert M. Schartz , Omaha, and Julie M. Ryan , of Abrahams, Kaslow & Cassman, L.L.P., for appellee Timberland Hardwood Floors, Inc.

Danny C. Leavitt , of Salerno & Leavitt, Omaha, for appellee Dan Becker.

Daniel J. Welch , Damien J. Wright , Omaha, and Daniel McDowell , Senior Certified Law Student, of Welch Law Firm, P.C., for appellee Hardscape Contractors, LLC.

Heavican, C.J., Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.


In this construction defect case brought by homeowners against several contractors, the district court found the homeowners' claims were time barred under Neb. Rev. Stat. § 25-223 (Reissue 2016). The primary question on appeal is whether the 4-year limitations period under § 25-223 began to run on the date each contractor substantially...

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