Darden Painting v. Glass Architects CA1/2

BACKGROUND

We summarize just those background facts necessary to resolve this appeal. Some of the briefing contains factual contentions that are not supported by citations to the record. We disregard these contentions. (Grant-Burton v. Covenant Care, Inc. (2002) 99 Cal.App.4th 1361, 1379 [“Because „[t]here is no duty on this court to search the record for evidence‟ [citation], an appellate court may disregard any factual contention not supported by a proper citation to the record.”].) In August 2007, the City of Newark (Newark) filed a complaint against general contractor W.A. Thomas, Inc. (WATCO) and Travelers Casualty and Surety Company of America. Against WATCO, Newark alleged breach of contract, breach of express warranty, and negligence for defective work done in the construction of its George M. Silliman Community Activity Center (Center). In October 2007, WATCO filed a cross-complaint, which, as amended over time, brought claims against respondents Darden Painting, Inc. (Darden), Pacific Erectors, Inc. (Pacific), Tnemec, and later, during trial in October 2010, against Glass. The record and the parties‟ briefings indicate that these parties filed a series of…