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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Wharton visited the Cotuit Bay Condominiums in January of 2003. His investigation involved checking nine buildings, although he cannot remember what units he checked. He examined all of the windows that had been exposed and determined that none of them had caulking. There was a nailing flange which met the head and was mitered, leaving a hole at the sill, which was not mitered. The nailing flange is an extension to an aluminum window that allows the installer to nail into the sheeting. It extends beyond the actual window dimensions, allowing one to anchor the window properly. Examination of the clerestory windows at the nine buildings Wharton viewed revealed that they all had the nailing flange mitered at all four comers. Wharton did not observe flashing, which is a secondary means to keep water and air out, nor did he observe any caulking in those areas.

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