This section contains the nature of the case and procedural background.

Balfour (D) entered into a contract with TPL to design and construct a shopping center in St. Thomas. In September of 1995, the roof was damaged from a hurricane. Kmart (P) was one of the tenants and contending that it was a third-party beneficiary of the construction contract, they sued for breach of contract and negligence. P points to a number of contract provisions mentioning its name as well are related drawing and designs that required its approval and that warranties and work performed by Balfour (D) and its subcontractors were to be executed in P’s favor. D contends that P is not an intended third party beneficiary a party and thus may not claim relief. D motioned to dismiss the suit.

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