Bath Iron Works (BIW) offered a job to Thomas Devine, contingent on Devine’s passing a drug test. The testing was conducted by NorDx, a subcontractor of Roche Bio- medical Laboratories. When NorDx found that Devine’s urinal- ysis showed the presence of opiates, a result confirmed by Roche, BIW refused to offer Devine permanent employment. Devine sued Roche, claiming that the ingestion of poppy seeds can lead to a positive result and that he had tested positive for opiates only because of his daily consumption of poppy seed muffins. Devine argued that he was a third party beneficiary of the contract between his employer (BIW) and NorDx (Roche). Was Devine an intended third party beneficiary of this con- tract? Why or why not? Do drug-testing labs have a duty to the employees they test to exercise reasonable care in conducting the tests? Explain.