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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*536The Trustees’ expert, Thomas Galligan (“Galligan”), credibly testified that the attaching of the chimneys with nothing but nails into the plywood violated Section 715 of the 1980 State Building Code. Galligan further opined that Section 715.3.2 of the State Building Code, in effect at the time, required that the chimneys be designed so that no more than 67% of the resistance is provided by dead load effects. The Building Code required that chimneys be able to withstand pressures of 21 pounds per square foot. Calculations show that the dead weight of the chimneys alone plus the nails utilized by the defendants did not create sufficient resistance to those winds or the pressure of 21 pounds per square foot.

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