Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)

Citation: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Parent Document: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-12-28
Original Source: https://www.courtlistener.com/opinion/8357328/driscoll-v-toll-ma-ltd-partnership/ ↗

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In late-October 2005, the defendants removed the first drainage system on the plaintiffs’ property and installed a new one. The plaintiffs were still dissatisfied with the defendants’ efforts to remedy their drainage issues, and in Januaiy 2007 they retained a structural engineer to survey their house and property. According to the structural engineer, the basement slab was built 3.5 feet lower than proposed on the lot grading plan given to the plaintiffs prior to construction, and the drainage system was installed *346improperly. He also reported structural deficiencies, opining that some of the wood and steel beams had load-bearing capacities that were below the minimum amounts required by the Massachusetts State Building Code.

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