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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009)

Citation
South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009)
Parent Document
South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009)
Jurisdiction
New Hampshire (state)
Effective Date
2009-12-16

Other Sections in This Document (62)

Full Text

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When BCF moved into the premises, there were occasional leaks in the roof that were satisfactorily repaired by South Willow. In 2003, BCF undertook renovations to the property that included removing an interior concrete load-bearing wall, which caused serious structural problems; removing seven HVAC units and installing sixteen new units, which resulted in several large holes in the roof; and changing the facade of the building, which required four large holes in the roof to attach the support beams. As a result of these renovations, the roof developed numerous, severe leaks. The deflection in the roof caused by removal of the load-bearing wall and the negligent installation of the structural steel installed to support the remaining wall resulted in a “waterfall” coming through the roof. In 2004, BCF acknowledged responsibility for the structural problems, including the leaks, and agreed to pay for the engineering services and construction costs required to remedy them.