Yu

FACTS AND PROCEDURAL HISTORY

Plaintiff is the owner and developer of the Candlewood Suites Hotel. She contracted with ATMI Design Build (ATMI) to act as the general contractor to construct the hotel (Project). On November 18, 2002, ATMI entered into two subcontracts with Jose Jesus Aguilar, doing business as C&A Framing Company (C&A), one to provide materials and labor and one to perform the rough framing for the Project. In May 2003 ATMI fired C&A before it had completed all the work required by the subcontracts. After that date C&A never returned to the construction site and did not communicate with anyone connected with the Project. The Notice of Completion for the Project was recorded April 15, 2004. In 2003 C&A filed suit against ATMI seeking approximately $180,000 for framing work it did on the Project. In November 2003 ATMI filed a cross-complaint against a variety of subcontractors, including C&A. As to C&A, ATMI alleged it failed to perform and inadequately performed its work, resulted in “damages to the work performed by other sub trades on the [P]roject.”

2 In 2004 plaintiff sued ATMI and several of the subcontractors for alleged construction defects. C&A was added as…