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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (48)

Full Text

852 chars
Defendant DEW is the general contractor that built the condominium development under
contract with the developer/vendor ISDC. The complaint alleges that as a result of deficient
construction, DEW is liable to Plaintiff for breach of common law warranties and negligence.
The complaint states that DEW expressly or impliedly warranted that the work done by DEW
was of merchantable quality and fit and proper for the uses they were designed, constructed,
sold, and used. Subsequently, Plaintiff has clarified that its claims against DEW are based only
on a theory of implied warranty. The complaint also alleges that DEW was negligent when it
failed to comply with accepted standards of design, architectural, engineering and construction
practices when DEW constructed the units and common areas, and that DEW failed to comply
with certain permit terms.