Esposito v. True Color Enterprises Construction, Inc.

We address the question of whether a construction subcontractor may enforce the provisions of the primary contract between an owner and general contractor against the owner. Because the subcontractor is not an intended third-party beneficiary of the primary contract, it is not entitled to enforce its provisions against the owner.

This case arises from a contract to build a home. Appellants Chris and Lorraine Esposito hired general contractor G. Mus-tapick Companies, Inc. to construct their home; Mustapick subcontracted with True Color Enterprises Construction, Inc. for painting. The Espositos’…