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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 20

Citation
§ 20
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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Pursuant to paragraph 14 of the lease, repairs due to the tenant’s negligence are the responsibility of the tenant. The trial court found that BCF engaged in negligent construction when it undertook renovations to the property. Because BCF caused the damage at issue to the building by its negligent construction, it was BCF’s responsibility to fix the damage. However, as the trial court found, it is “undisputed that removal and replacement of the roof is a structural alteration, addition and change” to the structure as contemplated in paragraph 15 of the lease. Thus, before undertaking “alterations, additions or changes,” BCF was required to submit plans and specifications for the proposed work to South Willow and receive its written approval. It is only after the landlord, despite receiving plans and specifications, refuses to authorize “alterations, additions or changes” that the tenant may exercise self-help under paragraph 28 of the lease.