15.1 Intended or Incidental Beneficiary Ramos/Carson/DePaul, a Joint Venture v. The Phillies, L.P. 2008 Phila. Ct. Com. Pl. Lexis 282 (Common Pleas Court of Philadelphia County, Pennsylvania, 2008)

Case: The Philadelphia Phillies were building a new baseball stadium (The Project). They hired Driscoll/Hunt Joint Venture (DH) as the construction mangers, who hired a subcontractor Ramos/Carson/DePaul, Joint Venture (RCD). The subcontractor demanded additional payment for delays.

Issue: Subcontractor RCD sued the Phillies to recover the alleged compensation, alleging it was an intended beneficiary to the Phillies-DH Agreement, thus giving it rights to recover compensation from the Phillies. The Phillies argued that RCD was merely an incidental beneficiary to the Phillies-DH Agreement and could not recover compensation from the Phillies.

Critical Legal Thinking Question: Was RCD an intended or an incidental beneficiary of the Phillies-DH Agreement? Why/Why not?