The South Capital Bridgebuilders v Lexington
Insurance Company [29.09.23] (SCB), a District of Columbia
decision was shortly thereafter applied in another case involving
sub-par concrete and the interpretation of LEG 3, namely Archer
Western – De Moya Joint Venture v Ace American Insurance
Company [12.01.24] (Archer Western), a Floridan
decision.
As with SCB, the Archer Western case did not deal with the
issues Kennedys' have raised with LEG3 over the years, but
instead opined on, and evidenced the US courts view, of what is
regarded as damage for the purposes of an insurance claim on a
construction project.
Here, the insured was the design and build contractor for the
reconstruction of a major road in Miami, Florida. Insurers issued a
builder's risk (CAR) policy to the design-build contractor
which contained a LEG 3 clause.
