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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

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Here, the Association, as the representative of the end-purchasers of the construction
project, was significantly connected to the network of interrelated contracts that governed the
Treetop development project. Both DEW and Bruno are also part of this network of agreements,
through which the respective duties, risks, and remedies of the all of the parties involved in the
project were, or could have been, apportioned. Accordingly, despite the lack of direct
contractual privity between the parties here, the Court cannot ignore the contract expectations
that existed among the condominium owners, the developer, the general contractor DEW, the
architect Bruno, and any other parties. To conclude otherwise would essentially impose the
Plaintiff’s economic expectations upon parties with whom Plaintiff did not deal, and alter the
economic expectations created by contracts to which it was not a party. Davencourt, 221 P.3d at
243 (citations omitted). 7
   d. Professional Services Exception