ESPOSITO v. TRUE COLOR ENTERPRISES CONST.

No. 4D09-1657.

45 So.3d 554 (2010)

Chris ESPOSITO and Lorraine Esposito, Appellants, v. TRUE COLOR ENTERPRISES CONSTRUCTION, INC., a Florida corporation, and True Color Enterprises Painting, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 20, 2010.


Attorney(s) appearing for the Case

Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, and Jeffrey M. Liggio of Liggio & Benrubi, P.A., West Palm Beach, for appellant.

Neil Rose of Bernstein, Chackman, Liss & Rose, Hollywood, for appellee.


GROSS, C.J.

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...

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