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 also asserts that the economic loss doctrine should not apply here
because DEW’s and Bruno’s alleged negligence created conditions that were unreasonably
dangerous. Because of this risk, the Associations argues that it should not have to wait for any
physical injury to persons, or more serious injury to property, to result before pursuing tort
claims against Bruno and DEW. The Association relies on cases that hold a contractor, architect,
or engineer liable to an end-user with whom there is no contractual privity, but where the
defective conditions complained of create an unreasonable risk of harm to persons or property.
See Council of Co-owners Atlantis Condo., Inc. v. Whiting Turner Contracting Co., et al., 517
A.2d 336, 341-42 (Md. 1985); see also Prosser and Keeton on the Law of Torts, § 93 at 667-85
(5th ed. 1984) (requirement of privity of contract abandoned as basis of recovery by third parties
for physical harm to themselves and tangible property against those who negligently supply,
repair or construct in an unreasonably dangerous manner).

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