On appeal, this court held that there was a genuine issue of material fact regarding the date at which construction was completed and reversed the grant of the motion. City of South Pittsburg v. Hailey, No. M2012-01185-COA-R3-CV, 2013 WL 3355658, at *5 (Tenn. Ct. App. June 27, 2013). A dispute arose between the City and W&O regarding responsibility to repair the damage; Tracy Wooden, counsel for the City, sent a letter to Travelers Casualty and Surety Company of America ("Travelers"), which had issued a performance bond in the amount of $1,719,700.00, and W&O on June 24, 2009, stating in part: