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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The defendants contend that they are entitled to summary judgment on the counts for breach of contract and express warranty because the Agreement provides that the Home Warranty is the exclusive remedy for defects in the construction of the plaintiffs’ home. They contend further that the plaintiffs cannot maintain an action based on breach of contract or warranty because they have not complied with their own contractual obligation to provide written notice of the defects and an opportunity for the defendants to repair them. Alternatively, the defendants submit that they have complied with any and all obligations under the Agreement and the Home Warranty by adequately addressing all problems of which they had proper notice.

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