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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Further, there is no merit to the defendants’ argument that once the Trustees were aware of water penetration in numerous units, they knew that there were “substantial problems" with the condominium attributable to poor construction such that the statute of limitations for all defects accrued at the same time. “Notice of one type of design or construction defect does not necessarily constitute notice of all design or construction defects.” Harris v. McIntyre, 2000 WL 942559 at *7 (Mass.Super.Ct. June 27, 2000) (Gants, J.). See also Campanile v. Suffolk Constr. Co., 1994 WL 879741 at *3 (Mass.Super.Ct. Feb. 4, 1994) (Fremont-Smith, J.) (1 Mass. L. Rptr. 486) (rejecting proposition that a condominium association’s awareness of one defect puts them on notice of all construction defects in the building). Accordingly, each type of defect must be analyzed separately, keeping in mind that “notice of one problem that may result from a design or construction defect may provide notice as to another problem likely to emanate from the same design or construction defect.” Harris v. McIntyre, 2000 WL 942559 at *7. 1. Building Wrap

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