Saarman Construction, Ltd. v. Ironshore Specialty Insurance Co.

AMENDED ORDER GRANTING DE-PENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Re: ECF Nos. 34, 35, 130

Before the Court are Defendant Iron-shore Specialty Insurance’s Motion for Summary Judgment and Plaintiff Saarman Construction’s Motion for Partial Summary Judgment. The Court grants Iron-shore’s motion and denies Saarman’s motion.

1. BACKGROUND

A. The Condominium Repairs

The Westborough Court Condominiums, located in the City of South San Francisco, were developed and constructed in the late 1990’s. ECF No. 34-5 at 2. Almost immediately after construction, the condominiums experienced significant water intrusion and resultant damage. Id. In 2006, the West-borough Court Condominiums Homeowner’s Association retained Plaintiff Saarman Construction to be the general contractor responsible for conducting various repairs to the exterior of the buildings. Id. Saarman subsequently performed this remedial construction work at the property in 2006 and 2007. See id.; ECF No. 1 at ¶ 14.

B. The Underlying Action

John and Stella Lee owned a unit in the Westborough Court Condominiums. ECF No. 34-5 at 34, ¶ 5. The Lees leased the unit to…