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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While yet to be found to apply under the particulars of any case, the professional services
exception has been recognized by the Vermont Supreme Court insofar as the Court has intimated
that purely economic losses may be recoverable because the parties have a special relationship,
which creates a duty of care independent of contract obligations. EBWS, LLC v. Britley Corp.,
2007 VT 37, ¶ 31, 181 Vt. 513 (holding the exception inapplicable). The determinative factor is
not whether one is licensed in a particular field, but rather whether the type of relationship
created between the parties necessarily created a special duty of care beyond the terms of the
services contract. Id. at ¶ 32.

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