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)

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Given the failure to raise the lack of a weather-resistant membrane as a specific defect for which damages were sought until the second trial on January 10, 2005, any claim based on this defect is time-barred. Alternatively, the Trustees have waived their right to recover for the weather-resistant membrane as an independent defect by failing to assert it during the first trial. See Gram v. Liberty Mut. Ins. Co., 391 Mass. 333, 335 (1984); M.B. Claff, Inc. v. Massachusetts Bay Transp. Auth., 59 Mass.App.Ct. 669, 677-78 & n.9 (2003). 2. Lack of Flashing in Windows