Bob Hammond Constr. Co. v. Banks Constr. Co., 440 S.E.2d 890 (S.C. Ct. App. 1994). · Go Syfert
Bob Hammond Constr. Co. v. Banks Constr. Co., 440 S.E.2d 890 (S.C. Ct. App. 1994). Cases Citing This Book View Copy Cite
48 citation events (45 in the last 25 years) across 6 distinct courts.
Strongest positive: Doe 9 v. Varsity Brands LLC (scd, 2023-06-20)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Doe 9 v. Varsity Brands LLC
D.S.C. · 2023 · quote attribution · 1 verbatim quote · confidence high
f a contract is made for the benefit of a third person, that person may enforce the contract if the contracting parties intended to create a direct, rather than an incidental or consequential, benefit to such third person.
examined Cited as authority (verbatim quote) Doe 3 v. Varsity Brands LLC
D.S.C. · 2023 · quote attribution · 1 verbatim quote · confidence high
f a contract is made for the benefit of a third person, that person may enforce the contract if the contracting parties intended to create a direct, rather than an incidental or consequential, benefit to such third person.
examined Cited as authority (verbatim quote) Doe 8 v. Varsity Brands LLC
D.S.C. · 2023 · quote attribution · 1 verbatim quote · confidence high
f a contract is made for the benefit of a third person, that person may enforce the contract if the contracting parties intended to create a direct, rather than an incidental or consequential, benefit to such third person.
cited Cited as authority (rule) Jessica Bennett v. ACS Primary Care Physicians-Southeast P.C.
S.C. Ct. App. · 2024 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994))). 3 There is nothing in the record to indicate that Provider filed a motion for reconsideration in Gasser's class action.
discussed Cited as authority (rule) Temisan Etikerentse v. Specialized Loan Servicing, LLC
S.C. Ct. App. · 2023 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994))); Wigod v. Wells Fargo Bank, N.A., 673 F.3d 547 , 559 n.4 (7th Cir. 2012) (noting "[c]ourts have uniformly rejected these claims because HAMP does not create a private federal right of action for borrowers against servicers"); Grenadier v. BWW L.
cited Cited as authority (rule) Ditech Holding Corporation
Bankr. S.D.N.Y. · 2023 · confidence medium
Co., 440 S.E.2d 890, 891 (S.C.
discussed Cited as authority (rule) Berkshire Hathaway Direct Insurance Company v. Good Times Ent LLC
D.S.C. · 2023 · confidence medium
Co., 440 S.E.2d 890, 891 (S.C.
discussed Cited as authority (rule) Gary Mole v. Kramer Apartments
S.C. Ct. App. · 2022 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994) (explaining that "[g]enerally, one not in privity of contract with another cannot maintain an action against him in breach of contract"); Goode v. St.
cited Cited as authority (rule) Ellis v. Tall Ships Charleston LLC
D.S.C. · 2022 · confidence medium
Ct. App. 1997) (citing Bob Hammond Const. Co., Inc. v. Banks Const. Co., 440 S.E.2d 890, 892 (S.C.
cited Cited as authority (rule) Sentry Select Insurance v. Maybank Law Firm
S.C. · 2019 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994).
cited Cited as authority (rule) Burdette-Miller v. Williams & Fudge, Inc.
N.D. Ill. · 2019 · confidence medium
Co., 440 S.E.2d 890, 891 (S.C.
cited Cited as authority (rule) Sentry Select Insurance v. Maybank Law Firm
S.C. · 2018 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994).
cited Cited as authority (rule) Bruning v. Scdhec
S.C. Ct. App. · 2016 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994).
cited Cited as authority (rule) Clardy v. BODOLOSKY
S.C. Ct. App. · 2009 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct.App. *430 1994)).
cited Cited as authority (rule) Mincey v. World Savings Bank, FSB
D.S.C. · 2008 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct.App.1994)); see also Battle v. Seibels Bruce Ins.
discussed Cited as authority (rule) Sloan Construction Co. v. Southco Grassing, Inc. (2×)
S.C. · 2008 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct.App.1994) (noting that where a contract between two parties is intended to create a direct benefit to a third party, the third party may enforce the contract).
cited Cited as authority (rule) Hardaway Concrete Co. v. Hall Contracting Corp.
S.C. Ct. App. · 2007 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct.App.1994).
discussed Cited as authority (rule) McMillan v. BCG Properties
S.C. Ct. App. · 2007 · confidence medium
Co. , 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994))); Welling v. Crosland , 129 S.C. 127, 138 , 123 S.E. 776, 780 (1924) (“In other words, by the very act of assignment of such a contract and its acceptance by the assignee, the privity in estate created between the landlord and the original lessee by the lease passes out of the original lessee into the assignee, for the reason that thereby a right in or to the land itself passes.”)(citations omitted).
cited Cited as authority (rule) Atherton v. Tenet Healthcare Corporation
S.C. Ct. App. · 2005 · confidence medium
Co. , 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct. App. 1994).
cited Cited as authority (rule) Windsor Green Owners Ass'n v. Allied Signal, Inc.
S.C. Ct. App. · 2004 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct.App.1994).
discussed Cited as authority (rule) Trancik v. USAA Insurance
S.C. Ct. App. · 2003 · confidence medium
Co., 312 S.C. 422, 424 , 440 S.E.2d 890, 891 (Ct.App.1994) (holding a third person not in contractual privity with the contracting parties has no right to enforce a contract unless the contracting parties intended to create a direct, rather than an incidental or consequential, benefit to that third person); see also Kleckley v. Northwestern Nat’l Cas.
discussed Cited as authority (rule) Alpine Forrest v. Crown Central
4th Cir. · 1998 · confidence medium
That very language has since been followed at least twice in South Carolina in Touchberry v. City of Florence , 367 S.E.2d 149, 150 (S.C. 1988), and Bob Hammond Construction Co., Inc. v. Banks Construction Co., 440 S.E.2d 890, 891 (S.C.
discussed Cited "see" Gilbert v. Miller (2×)
S.C. Ct. App. · 2003 · signal: see · confidence high
See Bob Hammond Const. Co. v. Banks Const. Co., 312 S.C. 422 , 440 S.E.2d 890 (Ct.App. 1994) (stating a third person not in privity of contract with the contracting parties generally may not enforce the provisions of a contract unless it is entered into for the benefit of the third person).
Retrieving the full opinion text from the archive…
Bob HAMMOND CONSTRUCTION COMPANY, INC., Appellant
v.
BANKS CONSTRUCTION COMPANY and South Carolina Department of Highways and Public Transportation, Respondents
2127.
Court of Appeals of South Carolina.
Jan 24, 1994.
440 S.E.2d 890
J. Kevin Holmes and Dennis E. O’Neill, Charleston, for appellant., Rickard D. Bybee, Charleston, for respondent South Carolina Dept, of Highways and Public Transp., and T.E. Pedersen, Charleston, for respondent Banks Const. Co.
Bell, Shaw, Connor.
Cited by 27 opinions  |  Published
Bell, Judge:

This is a contract action. Bob Hammond Construction Company, Inc., sued Banks Construction Company and South Carolina Department of Highways and Public Transportation for breach of contract. The circuit court granted the Highway Department’s motion for summary judgment. Hammond appeals. We affirm.

Banks Construction entered into a contract with the Highway Department to build a portion of the Mark Clark Expressway, located near Charleston, South Carolina. As part of this contract, Banks agreed to remove a bank building located in the path of the expressway. Under the terms of the contract, Banks would become the owner of the building. The Highway Department required Banks take into consideration the salvage value of the bank building in computing its bid to remove the building.

Hammond entered into a separate contract with Banks to complete certain portions of Bank’s contract with the Highway Department. The contract included clearing and grubbing certain parcels of land and the demolition of fourteen structures, including the bank building. Hammond contends that as the subcontractor, it would become the bank building’s owner. Hammond further contends that it considered the salvage value of the bank building in arriving at its total bid. [1]

The Highway Department’s contract with Banks provides that the Highway Department may delete items from the contract without affecting the remainder of the terms. It also states that the contractor may not seek any lost profits as the result of a deletion.

After the prime contract and subcontract were executed, the Highway Department deleted the demolition of the bank building from its contract with Banks. [2] Hammond claims the[*424] Highway Department and Banks breached their contracts by failing to deliver the bank building to it and that it is entitled to recover $238,000, the approximate fair market value of the building.

The Highway Department moved for summary judgment on the ground, iter alia, there was no privity of contract between it and Hammond. The circuit court granted the motion on this ground. This appeal followed.

Hammond argues that although it was not a party to the contract between the Highway Department and Banks, it had a sufficient relationship with the Highway Department to support an action against it.

Generally, one not in privity of contract with another cannot maintain an action against him in breach of contract, and any damage resulting from the breach of a contract between the defendant and a third party is not, as such, recoverable by the plaintiff. R.F. Burton Co. v. Southern Marine Associates, Inc., 130 Ga. App. 111, 202 S.E. (2d) 544 (1973). Accord De Vore v. W.S. Barstow & Co., 166 S.C. 298, 164 S.E. 842 (1932); McBride v. Floyd, 18 S.C.L. (2 Bailey) 209 (1831). However, if a contract is made for the benefit of a third person, that person may enforce the contract if the contracting parties intended to create a direct, rather than an incidental or consequential, benefit to such third person. Cothran v. Rock Hill, 211 S.C. 17, 43 S.E. (2d) 615 (1947).

Hammond was no more than an incidental beneficiary of the contract between the Highway Department and Banks. Therefore, it cannot maintain an action against the Highway Department under its contract with Banks.

Hammond contends that it had been a subcontractor for the Highway Department since the late 1970’s and that in relation to its work on the Mark Clark Expressway, it had submitted all required documentation and had been certified by the Highway Department as a subcontractor on the project. Furthermore, Hammond alleges it attended regular progress meetings between the Highway Department, Banks, and the subcontractors and that the Highway Department had specific knowledge of Hammond’s contract with Banks. Finally, Hammond contends its contract with Banks bound the parties to the identical rights and obligations that existed under Bank’s contract with the Highway Depart[*425] ment. Hammond claims these facts create a sufficient third-party relationship between itself and the Highway Department to allow the breach of contract action.

Assuming for purposes of the summary judgment motion that all of Hammond’s allegations are true, they do not transform Hammond into an intended beneficiary under the Highway Department’s contract with Banks. Hammond has failed to introduce any evidence showing the Highway Department and Banks entered into their contract to directly benefit Hammond. See Southeast Grading, Inc. v. City of Atlanta, 172 Ga. App. 798, 324 S.E. (2d) 776 (1984). The mere fact that Hammond might ultimately and indirectly benefit from the contract between the Highway Department and Banks is not sufficient. See Bartley v. Augusta Country Club, Inc., 1972 Ga. App. 289, 322 S.E. (2d) 749 (1984).

Because we find Hammond cannot maintain a breach of contract action against the Highway Department, we do not reach the remaining arguments raised on appeal.

Affirmed.

Shaw and Connor, JJ., concur.
1

Hammond’s total bid was $184,782. Included in this total was a bid of $1,000 to demolish the bank building. Although Hammond’s bid indicated that it would demolish the bank building, its owner testified that he wanted to move the bank building and use it as his office.

2

Hammond alleges the building was never actually deleted from the contract. Because this issue makes no difference to our analysis, however, we do not address it.