DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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/ ↗

Other Sections in This Document (121)

Full Text

543 chars 
The Trustees’ original complaint was filed in the Land Court on January 28, 1987. A cause of action for negligent construction accrues when the plaintiff *537knew or should have known of the existence of a defect which is attributable to the defendant’s conduct. See Albrecht v. Clifford, 436 Mass. 706, 715 (2002); White v. Peabody Constr. Co., Inc., 386 Mass. 121, 129-30 (1982). The plaintiff bears the burden of demonstrating facts showing that his claim is not barred by the statute of limitations. Albrecht v. Clifford, 436 Mass. at 715.