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Contracts Keyed to Ayres
Kmart Corp. V. Balfour Beatty, Inc.
Citation:994 F .Supp. 634.
The defendant entered into a contract with the plaintiff’s landlord for the design and construction of a shopping center. Three years later, the roof of the shopping center was destroyed by a hurricane. The plaintiff was one of the tenants of the shopping center and argued they were a third-party beneficiary of the construction contract. The plaintiff sued, alleging breach of contract and negligence. The plaintiff points out many provisions in the construction contract that indicated that the parties intended to convey a benefit to the plaintiff.
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