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/ ↗

Full Text

728 chars

The Trustees contend that the attachment of chimneys by nailing 2-by-4 frames to plywood sheathing with 16-penny nails breached the warranty of habitability. The defendants argue that the defect in chimney fastening was not latent because the method of attachment was readily observable from the roof or inside the attic. However, without removing a section of each chimney, it was impossible to tell whether there was adhesive or bracing on the inside of the framing to help connect the chimney. Under these circumstances, the inadequate chimney fastening was a latent defect. See Albrecht v. Clifford 436 Mass. at 710, 713. Moreover, this defect manifested itself after the condominium construction was substantially complete.

Other Sections in This Document (121)

Full Text