Legal Research Assignment: Owners, Contractors and Subcontractors – Who Can Sue Whom?

This legal research assignment discusses the rights of owners, contractors, and subcontractors in a construction contract under New York law. The case involves Xiaoqi, who hired Star Contractors, Inc. as her general contractor to build a house on her land in Rochester, New York. Star subcontracts with Jack’s Plumbing Co. to do the plumbing work on the house. Jack’s does inferior work that causes $50,000 in damages, and Xiaoqi wants to sue Star and Jack’s for breach of contract. However, Star has filed for bankruptcy protection, and so suing Star will not produce any money. Xiaoqi sues Jack’s for breach of contract, alleging that she is an intended third party beneficiary of the subcontract, which would give her the right to sue Jack’s. Jack’s makes a motion for summary judgment, seeking a judgment dismissing the case on the merits, arguing that Xiaoqi is not an intended third party beneficiary and therefore has no right to sue Jack’s.