Mesa County Contracts with New Construct Inc

question 3

Multiple Choice

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.

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Definitions:

Liability

The condition of having legal accountability for certain actions, particularly regarding debts or lawful duties.

Consulting Business

A business that provides expert advice to others in a professional or specialized field.

Weekend Business Activity

Refers to commercial operations or transactions that occur on weekends, outside the traditional Monday to Friday workweek.

Hardware Merchants

Businesses specialized in selling tools, building materials, and related items.