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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There is a genuine issue of material fact as to whether the new home that the defendants delivered to the plaintiffs was so defective and nonconformant to project specifications as to constitute a material breach of the Agreement. Although the defendants suggest that any deviation from project specifications was permissible and de minimis, the plaintiffs’ expert’s affidavit raises an issue of material fact as to whether the project modifications were so excessive as to be unreasonable. Furthermore, there is a dispute as to whether the home was properly constructed in accordance with the Agreement, which incorporates by reference the standards set forth in the Home Warranty.

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