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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As applied to the facts here, the Association members purchased completed
condominium structures from Stratton. They did not purchase the design plan from Defendant
Bruno, nor the general contracting services from Defendant DEW, nor any other specific
components of the larger project. The members purchased individual condominium units as the
finished product from a highly-integrated network of transactions represented by the overall
condominium development. Cf. Indianapolis-Marion County, 929 N.E.2d at 731 (for purposes
of determining economic loss, plaintiff library purchased complete renovation and expansions of
its facility, not individual components from individual subcontractors). Thus, regardless of
whether or not the alleged negligence of Defendants here was the proximate cause of the
construction defects, the “product” that the Association members purchased consisted of the
entire condominium structures and any corresponding common areas, such that defects to one
component of the product cannot fall within the “other property” exception to the economic loss
rule.

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