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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The failure to tape and compound walls between units, the leaving of incomplete walls between units, and the use of gypsum wallboard less than 5/8" thick violated sections 909.1.2 and 909.4 of the 1980 Building Code. The inadequate fire walls, which did not obtain the requisite one-hour fire resistance rating, were a defect caused by the defendants’ improper design or workmanship. Finally, the inadequate fire separation walls created a substantial question of safety as to one or more individual units in the condominium and therefore, constituted a breach of the warranty of habitability. See Berish v. Bomstein, 437 Mass. at 266. 6.Fire stops

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