Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)

Citation: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Parent Document: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-12-28
Original Source: https://www.courtlistener.com/opinion/8356738/cook-v-cullen/ ↗

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The claims alleged by the Plaintiff in Count 3 are not covered by the limited warranty. The limited warranty was restricted to certain problems for a period of one year: water seepage in the basement; defects in the roof, plumbing system, electrical system, and heating and cool system; and disintegration of the driveway. Items listed in the Plaintiffs’ demand letter— construction management, code review, extension of the chimney, damper repair, and reworking the cupola — were not listed. The limited warranty also specifically excluded other items, including interior painting, landscaping, and roofing and drainage, listed in the demand letter. Finally, the issue of a new coat of asphalt for the driveway was barred by the one-year restriction stated in the warranty. Because the limited warranty did not include the improvements the Cooks demanded, summary judgment enters for the Defendants on Count 3 of the complaint.

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