We do not have a copy of the subcontract agreement. However if there is a written subcontract agreement requiring Western Partitions, Inc. to name Aecon Building Inc., a/k/a/ BFC Frontier, Inc. as an insured under the policies, they would be an insured under the policy until work has been completed or put to its intended use. It is our understanding this project has be[en] completed and/or put to its intended use. It is further our understanding that this loss arises out of construction defects and resulting damage that took place following completion of the project. Therefore we must respectfully deny the tender of defense of Aecon Building Inc. a/k/a/ BFC Frontier, Inc.
When a party withholds information otherwise discoverable by claiming that the information otherwise discoverable is privileged or subject to protection as trial-preparation material, the party must: (i) expressly make the claim; and (ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself *661 privileged or protected, will enable other parties to assess the claim.
End of Document.