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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The Association responds that the economic loss rule is inapplicable here because its
negligence claims are not based on intangible economic loss, but rather for actual physical harm
to the Association’s property. For instance, the Association claims that Defendant Bruno’s
negligently rendered design drawings caused property damage, including deterioration to
walkways, water damage caused by improper elevations specified by the plans, and damage to
roads and grounds. The Association claims it suffered physical harm to its property as a result of
the deficient plans, and that such damage falls outside the scope of the economic loss rule as it is
collateral to the site work Bruno designed (e.g. sidewalks are collateral to the alleged improper
slope called for in Bruno’s plans).

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