Berish v. Bornstein, 437 Mass. 252 (2002)

Citation: Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document: Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-06-28
Original Source: https://www.courtlistener.com/opinion/6578538/berish-v-bornstein/ ↗

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The master’s factual findings support a broad measure of damages in this case. The master found that the repairs and replacements were necessitated by construction defects of which Bomstein was aware. The cost of correcting those defects should have been incurred by Bomstein before the units ever became part of the condominium development. By failing to make those repairs at that time, Bomstein transferred their cost to the unit owners’ association, and incurred a personal gain at its expense. Bomstein further secured his gain by failing to make the repairs while he was trustee and owned many of the units against which a substantial share of the cost of those repairs would have been assessed. In these circumstances, the master’s award of the total cost of repair or replacement of the defects as the proper measure of damages is consistent with a correct application of the law to his factual findings.

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