Background Facts

Plaintiff, Gundry Partners, L.P. initiated this action against Defendant, Maverick Decatur Georgia, LLC (“Maverick”) for breach of contract and foreclosure of a mechanic’s lien. Maverick hired Gundry as its general contractor for a project called “Olympix Fitness.” After Gundry filed it action against Maverick, Maverick cross-complained against Gundry alleging deficiencies in the work performed.

Gundry in turn cross-complained against a number of sub-contractors, including Proulx Contracting, Inc., alleging the sub-contractors had performed deficiently and that they had a duty under their respective sub-contracts to defend and indemnify Gundry. As to Proulx, specifically, Gundry alleges Proulx deficiently performed water-proofing work, which led to water intrusion. Gundry also cross-complained against B&G Sheet Metal, Inc., which performed sheet metal work on the project; Gundry contends B&G’s sheet metal work is also implicated in connection with Maverick’s water in