1. assignment. [Document subtitle]. Name:. FACTS. Xiaoq
Added on - 16 Sep 2019
1Name:FACTSXiaoqi recruited the Star Contractors Inc. as the general contractor in order to construct a houseon a land which is being owned by her in Rochester, New York. The subcontractors of the Staralong with the Plumbing Co. of Jack in order to perform the work of plumbing on the house.Jack performed the inferior work which causes $50,000 in defects and damages, but Xiaoqi nowwanted to sue Jack and Star for the breach of contract. Further, the Star has already filed for theprotection from the bankruptcy and suing Star would not generate any money. Xiaoqi sued Jackfor the contract of breach affirming that she is the subcontract’s third part beneficiary and thismight give her the right in order to sue the Jack. Further, Jack created a motion for the judgmentof summary to seek a dismissing judgment on the basis of merit. He also argued that Xiaoqi isnot the third party beneficiary and also she doesn’t have any right in order to sue the Jack. It hasbeen assumed that the written agreement among the Jack and Star didn’t say anything about therights of the third party beneficiary. Therefore, Xiaoqi now wants to know that the motion of theJack will be denied or granted.ISSUES THAT ARE TO BE RESEARCHEDThe main issue in this particular case stated various different ways like under the law of NewYork, in the contract of construction, intended owner of the third-party beneficiary of theagreement, absence of particular words to that impact. Moreover, under the law of New York,the general contractor hire the sub-contractor in order to do work and if he fails to perform hisjob and the duties according to the contract, the intended owner of the third party beneficiary candirectly sue the sub-contractor.