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 cost of repairs may be valued as of the time of trial, rather than as of the time of breach, and current cost of repair estimates are evidence of the extent of earlier damage. Willow Springs Condominium Assoc., Inc. v. Seventh BRT Develop. Corp., 717 A.2d 77, 108 (Conn. 1998). See also Brunner & O’Connor, Construction Law § 19:58, at 215 (2002). Here, the Trustees did not unreasonably delay in making the necessary repairs; rather, the lapse of time has resulted from this protracted litigation, which has increased significantly the reasonable costs of repair. In accordance with the credible expert testimony, the Trustees are entitled to damages in the amount of $358,274.62 for the reasonable repair of the leaking windows, $123,404 for the reasonable repair of the fire walls, and $65,092 for the reasonable installation of proper fire stops.15 *544
ORDER FOR JUDGMENT

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