In this breach-of-construction-contract action, owner Georgia State Financing & Investment Commission “GSFIC” appeals in Case No. A10A0504 the grant of summary judgment to the surety company that warranted the roof of the newly-constructed buildings for five years XL Specialty Insurance Company, hereinafter “XL”, arguing that the trial court erred in its interpretation of the XL bond. Specifically, GSFIC argues that XL’s bond on the roofs covered not only the five years after the architect was to issue its final certificate but also the time period before the issuance of that certificate. We agree with the trial court that the language of the bond meant that the bond covered the roofs only for the five years after the architect’s issuance of the final certificate, and we therefore affirm in Case No. A10A0504. In Case No. A10A0581, Fireman’s Fund Insurance Company “Fireman’s Fund” appeals the grant of summary judgment to the subcontractor that installed the suspended ceilings in the buildings Bonitz of Georgia, Inc., hereinafter “Bonitz”, arguing that some evidence showed that the installation was defective and negligently performed. We agree with Fireman’s Fund that some evidence showed that Bonitz negligently installed the ceilings in nonconformance with contract specifications, and that therefore the trial court erred in granting summary judgment to Bonitz. Accordingly, we reverse in Case No. A10A0581. This moots Fireman’s Fund’s secondary argument that if Bonitz were properly granted summary judgment, Fireman’s Fund should have also been granted partial summary judgment on the claims against it involving Bonitz’s work.
Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a denial of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1