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/ ↗

Full Text

918 chars

On February 14, 2007, the plaintiffs sent to the defendants a Chapter 93A demand letter that described the drainage issues and highlighted various violations of the Massachusetts State Building Code. They filed an initial complaint in this action on February 21, 2007. The demand letter referenced the structural engineer’s report with respect to the plaintiffs’ drainage and structural problems. The defendants responded in March 2007 by offering to repair any alleged defects pursuant to the terms of the Home Warranty or, in the alternative, to tender a cash payment in the amount of $10,000.00. The parties disagreed as to the appropriate corrective measures, and the cash offer was only 6 percent of the structural engineer’s estimated cost of repair. The plaintiffs declined to accept the defendants’ Chapter 93A response, and instead amended their complaint in this action to allege a violation of Chapter 93A.4

Other Sections in This Document (35)

Full Text