Judgment for the Defense in Construction Litigation
In a case between two subcontractors, D.C. Superior Court Judge Odessa Vincent granted judgment for the defense in a breach of contract case. The plaintiff, a waterproofing subcontractor, sued a concrete subcontractor to recover for payments made to its employee for injuries sustained as a result of an alleged breach in safety protocols. The plaintiff alleged both negligence and breach of contract, under a third party beneficiary theory. Dawn Boyce, representing the defendant, successfully defeated the negligence claim on summary judgment. The case proceeded to a jury trial on the third party beneficiary claim. After hearing the plaintiff’s evidence, a directed verdict was entered in favor of the defense. The court finding no showing of intent by the general contractor to benefit the plaintiff under its contract with the defendant, and further finding that there was no evidence of any breach of duty by the defendant under its contract.