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KINGSTON HOUSING AUTH. v. SANDONATO & BOGUE

No. 89-P-604.

31 Mass. App. Ct. 270 (1991)

577 N.E.2d 1

KINGSTON HOUSING AUTHORITY vs. SANDONATO & BOGUE, INC., & another.

Appeals Court of Massachusetts, Plymouth.

August 23, 1991.

Attorney(s) appearing for the Case

Robert J. Steeves, Jr., for the plaintiff.

John D. Dwyer for Sandonato & Bogue, Inc., & another.

George C. Deptula for Carleton R. Richmond, Jr., was present but did not argue.

Present: KASS, GILLERMAN, & GREENBERG, JJ.

KASS, J.

Much of what the Kingston Housing Authority (the KHA) has strenuously argued on its appeal is governed by Melrose Hous. Authy. v. New Hampshire Ins. Co., 402 Mass. 27 (1988). As in Melrose, the KHA had a clerk of the works inspecting construction as it went up and may not claim that the defects which plague the project concerned were inherently unknowable. What remains in the case is KHA's contention...

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