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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Moreover, even if this claim were not time-barred, the Trustees would not be entitled to recover for breach of the warranty of habitability because the inadequate headroom clearance was not latent. A latent defect is a condition which is hidden or concealed and not discoverable by reasonable and customary observation or inspection once construction is complete. Albrecht v. Clifford 436 Mass. at 710, 713. Here, the lack of adequate clearance was readily observable by the unit owners, one of whom actually hit his head, requiring his head to be bandaged. Accordingly, the inadequate headroom was not a latent defect for purposes of the implied warranty of habitability.

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