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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Guided by the rationale of the Washington Supreme Court, the Wyoming Supreme Court
held that the economic loss rule prohibited a general contractor from proceeding in negligence
against a project engineer. Rissler & McMurry Co. v. Sheridan Area Water Supply Joint Powers
Bd., 929 P.2d 1228, 1235 (Wyo. 1996). Acknowledging that the plaintiff contractor and
defendant engineer were not in privity of contract, the court nevertheless held that the plaintiff
“had the opportunity to allocate the risks associated with the costs of the work when it contracted
with the [project owner] and, in fact, entered into a detailed contract which allowed it the means,
method and opportunity to recover economic losses allegedly caused by [defendant's]
negligence.” Id. at 1235; see also BRW, Inc. v. Dufficy & Sons, Inc. 99 P.3d 66 (Colo. 2004)
(subcontractor has opportunity to allocate risks of following specified design plans when it enters
into contract with party involved in the1 network of contracts); Indianapolis-Marion County, 929
N.E 2d at 740 (no liability in tort to the owner of a major construction project for pure economic
loss caused unintentionally by contractors, subcontractors, engineers, design professionals, or
others engaged in the project with whom the project owner, whether or not technically in privity
of contract, is connected through a network or chain of contracts).

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