OPINION AND ORDER
FUSTE, District Judge.
Plaintiffs, owners of condominium apartments, filed suit on November 2, 1988 against defendant contractor alleging construction defects. This court's jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332(a). Having carefully reviewed the file and, in light of both the First Circuit's holdings in Felix Davis v. Vieques Air Link,
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