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 Trustees further contend that the failure to properly vent the attics was a cause of the premature failure of the roofs which have already been replaced by the Cotuit Bay Condominium Association. This Court rej ects the argument that the replacement of the roofs for 19 C units and two B-2 units was attributable to inadequate ventilation. The evidence at trial was that the shingles that were used in the original construction were 15-year shingles, and of the 62 units that were constructed by the Defendants, three of the units required new roofs after 13 years, and 13 units required new roofs after 14 years. The Trustees’ claim for roof replacement damages is unreasonable since for the most part, the roofs lasted for approximately 15 years. The evidence before this Court is that the roofs that failed prior to 15 years were insignificantly less than the normal life span of the roof with a 15-year shingle, and that such failure could not be attributed to faulty ventilation.

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