Mes County contracts with New Construct Inc. to build a courthouse. New Construct hires Odell to excavate the site. Odell's work damages adjacent properties. Mesa files a suit against the cocavator, who argues that the county is not named in his contract with New Construct. Most llely, the court will hold that Odell is

Nar lable because Mesa is not named in Odell's contract.

not lable because Odell's contract was with New Construct, not Mesa.

Gablc on the ground that Mesa is an incidental third$-$party beneficiary.

Wable on the ground that Mesa is an intended third$-$party beneficiary.