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Bob Hammond Construction Co. v. Banks Construction Co.

Citations: 440 S.E.2d 890; 312 S.C. 422; 1994 S.C. App. LEXIS 8Docket: 2127

Court: Court of Appeals of South Carolina; January 24, 1994; South Carolina; State Appellate Court

Narrative Opinion Summary

In this case, Bob Hammond Construction Company, Inc. (Hammond) initiated a breach of contract lawsuit against Banks Construction Company and the South Carolina Department of Highways and Public Transportation (Highway Department). The core issue centered on a lack of privity of contract between Hammond and the Highway Department, which led the circuit court to grant summary judgment in favor of the Highway Department. Banks held a contract with the Highway Department for constructing a section of the Mark Clark Expressway, including demolishing a bank building, a task later removed from Banks' contract. Hammond, a subcontractor for Banks, claimed rights to the building's salvage value and sought damages, asserting that its contract mirrored Banks' contract and that it was a third-party beneficiary. The court determined Hammond to be an incidental beneficiary, lacking standing to enforce the contract, as it failed to prove the contract was intended to directly benefit Hammond. By affirming the summary judgment, the court dismissed Hammond's claims, underscoring the necessity of direct contractual relationships or intended benefits for standing in breach of contract actions.

Legal Issues Addressed

Privity of Contract Requirement

Application: The court ruled that Hammond could not sue for breach of contract against the Highway Department due to the lack of privity between Hammond and the Department.

Reasoning: The court emphasized that generally, a party not in privity of contract cannot sue for breach of that contract.

Summary Judgment Standards

Application: The court granted summary judgment in favor of the Highway Department, affirming that Hammond's claims failed to establish a direct benefit or contractual relationship with the Highway Department.

Reasoning: The court affirmed the summary judgment ruling.

Third-Party Beneficiary Doctrine

Application: Hammond's argument of being an incidental beneficiary was insufficient to establish standing to enforce the contract between Banks and the Highway Department.

Reasoning: Hammond was merely an incidental beneficiary of the contract between the Highway Department and Banks, thereby lacking the standing to enforce it.