Mesa County contracts with New Construct Inc. to build a courthouse. New Construct hires Odell to excavate the site. Odell's work damages adjacent properties. Mesa files a suit against the excavator, who argues that the county is not named in his contract with New Construct. Most likely, the court will hold that Odell is
A)not liable because Mesa is not named in Odell's contract.
B)not liable because Odell's contract was with New Construct, not Mesa.
C)liable on the ground that Mesa is an incidental third-party beneficiary.
D)liable on the ground that Mesa is an intended third-party beneficiary.

Question

Quizplus · Accepted Answer

Mesa County, as the entity for which the courthouse is being built, is an intended third-party beneficiary of the contract between New Construct Inc. and Odell. Therefore, Mesa has the right to sue Odell for damages caused during the excavation.

Mesa County Contracts with New Construct Inc