Treetop at Stratton Condo. Ass'n v. Treetop Dev. Co. (2011)

Citation: Treetop at Stratton Condo. Ass'n v. Treetop Dev. Co. (2011)
Parent Document: Treetop at Stratton Condo. Ass'n v. Treetop Dev. Co. (2011)
Jurisdiction: Vermont (state)
Effective Date: 2011-02-04
Original Source: https://www.courtlistener.com/opinion/4489923/treetop-at-stratton-condo-assn-... ↗

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Plaintiff, Treetop at Stratton Condominium Association, Inc. (the Association), is a unit
owner’s association filing suit in its representational capacity. Plaintiff filed its complaint on
March 18, 2009. It alleged that Defendants Treetop Development Company, LLC (TDC) and
Intrawest Stratton Development Corporation (ISDC) are closely related companies, both engaged
in the development of the Treetop condominium project. The complaint further recites various
problems that have become known since Plaintiff assumed responsibility for representing the
interests of Treetop’s unit owners, including: improperly constructed roads, improperly designed
and/or constructed drainage systems, absence of retaining walls in violation of permits, chronic
roof leaks and faulty boilers. Plaintiff claims damages against TDC and ISDC for breach of
express and implied warranties, breach of contract, negligence, negligent misrepresentation and
for violation of the consumer fraud act. Plaintiff claims damages against DEW Construction
Corp. (DEW) and Bruno Associates, Inc. (Bruno) for breach of implied warranties and
negligence. By their answers, TDC and ISDC cross-claimed for third party indemnification
against DEW. On February 26, 2010, DEW filed fourth party actions against its subcontractors,
Cameron and Casella, for breach of contract and indemnification.

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