Williams v. Kingery Constr. Co

In Williams v. Kingery Constr. Co., 225 Neb. 235, 404 N.W.2d 32 (1987), the plaintiff sued an architectural firm and general contractor for injuries sustained when he fell 30 feet due to the absence of a wall which should have been constructed within the building. The plaintiff argued that 25-222 did not apply to his case because the architect's failure to detect the absence of a wall did not fall within the purview of a professional act because anyone could have detected the absence of the wall. The court stated that the architect "had a professional responsibility to supervise the construction and see to it that all walls called for by the plans and specifications were in fact constructed. It was not the failure to find the wall missing which constitutes the act of negligence but, rather, the failure to properly supervise and see that the required wall was constructed which gives rise to the cause of action. That is clearly a professional act contemplated by 25-222." (Williams, 225 Neb. at 239, 404 N.W.2d at 34.)