INTRODUCTION James E. Roberts-Obayashi Corporation (Obayashi) appeals from a summary judgment in favor of PMN Design Electric, Inc. (Design). The underlying action against Obayashi arose from an injury suffered by a Design employee while performing under the terms of a subcontract between Design and Obayashi. Obayashi and Design entered into a subcontract under which Design would perform specified electrical work on the Anza Project for $1,962,984. There is still an outstanding Cross-Complaint by [Obayashi] against the injured employee's employer, Design Electric. Alternatively, if Design were found not to be at all negligent, then [Obayashi] will pay $500,000. 00 through Steadfast,[*fn3] as liability/excess carrier for [Obayashi]. "

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