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

Question

Quizplus · Accepted Answer

The court will hold Odell liable on the ground that Metro is an intended third party beneficiary. This means that even though Metro is not named in Odell's contract with New Build, their benefit from the completion of the courthouse was intended and foreseen by both New Build and Odell. Therefore, Metro can bring a lawsuit against Odell for damages caused by their work on the site.

Metro County Contracts with New Build Inc