Under Nebraska law actions alleging a breach of warranty and construction defect are governed by a four-year statute of limitations (which may be extended by two years if the cause of action
is not or could not reasonably have been discovered within the four-year period) and a ten-year statute of repose for latent defects. Additionally, there is a 5 year statute of limitation from the date of the breach on a breach of contract claim. Thus, you would have to pursue this on a breach of warranty on latent construction defect. You would need to hire an attorney to pursue the company on this matter and you need to read your contract as well to see if it specifies whether or not arbitration is mandated or you can go straight to filing suit in court. You would be entitled to replacement of the roof at whatever it costs today and attorney's fees would be at the discretion of the court depending on whether or not the court finds they were in bad faith.
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”
YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.