In December of 2021, Acme Paving Company contracted with the City of Hudson, New Hampshire to repair the roads in the downtown area. Under the contract, Acme would replace the curb stones and also pave the roads in the five-block area that encompassed downtown. In February of 2022 after the work had been completed, the curb stone outside of Dairy Queen broke and was causing a tripping hazard. Dairy Queen filed a lawsuit against Acme Paving Company for the damage. Do they have the right to sue? What is the outcome