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 Trustees contend that the failure to provide adequate fire stops in the C-style units breached the warranty of habitability. The defendants contend that this defect was not latent because inspectors were able to ascertain the code violations by observations in the attic that did not require destructive testing. However, these observations were possible only after accessing the attics through narrow and unstable pull-down ladders, crossing the ceiling joists, moving some ducts and sticking their heads down the chimney. Under these circumstances, the inadequate fire stops were a latent defect. See Albrecht v. Clifford, 436 Mass. at 710, 713. Moreover, this defect manifested itself after the condominium construction was substantially complete.

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