Alaniz v. Schal Associates

529 N.E.2d 832 (1988)

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Nature of the Case

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Facts

P was working as a roofer at the construction site and sustained personal injuries when an extension ladder collapsed. Schal Associates (D) was the construction manager of the project. P sued D for violations under the Structural Work Act. P eventually named Thorne-McNulty (D1) as a defendant, alleging that D1 had also violated the Structural Work Act. P alleged that he was an intended third-party beneficiary of contracts between Ds. The subcontract between D and D1 called for D1 to perform certain construction work with D1 having the responsibility for maintaining the safety and loss prevention programs covering all work performed by it, and its subcontractors. P alleged that his injuries were a proximate result of D1's breach of contract. D1 moved to dismiss, and the motion was granted. P appealed. P argues that the contract between Ds made P an intended third-party beneficiary.