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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Nonetheless, the improper attic ventilation neither created a substantial question of safety nor made the units unfit for human habitation. As discussed supra, the Trustees failed to prove that the improper attic ventilation will eventually lead to decay of the timbers, rafters and plywood in the attic and roof, that it substantially contributed to the premature failure of the roofs, or that it resulted in significant mold growth in 31 condominium units. The implied warranty of habitability does not make the builder an insurer against any and all defects in a home. Albrecht v. Clifford, 436 Mass. at 711. Not every violation of the building or sanitary codes constitutes a breach of the warranty of habitability. McAllister v. Boston Housing Auth., 429 Mass. at 305; Jablonski v. Clemons, 60 Mass.App.Ct. at 475. This Court concludes that the improper attic ventilation does not constitute a material breach of the warranty justifying an award of damages. See Boston Housing Auth. v. Hemingway, 363 Mass. at 200-01 n.16 (1973); Jablonski v. Clemons, 60 Mass.App.Ct. at 475. 5.Fire walls

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