Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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The first claim that the Court is to consider is the windows and the lack of window flashing. Ronald Schmidt (“Schmidt”), a project manager who was in charge of the building at Cotuit Bay Condominiums for the Defendants, was in control of selecting suppliers and supervising construction. He was at the site between 45 to 50 hours per week from the period of November 1980 through Januaiy 1986. Schmidt testified that “the windows were self-flashed,” which means that the windows came with a flashing already attached. Ralph Crossen (“Crossen”), an expert who testified on behalf of the Defendants, stated that the 1980 Building Code “allows self-flashing windows to stand alone without additional flashing.” Under Section 3607.3.8 of the State Building Regulations and Standards:

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