Friday, March 01, 2019 1:45 am
February 2019 - Volume 41 Number 3

Work Defects — Commercial General Liability

Lee Kennedy Co. v. Arch Ins. Co., 2019 U.S. Dist. Lexis (D. Mass. January 4, 2019)

A contractor was contractually responsible for fixing its sub’s faulty work, but a specific provision in its CGL insurance policy meant that it could not collect the $200,000 in associated damages.

In early 2013, the Winsor School in Boston hired Lee Kennedy Co., Inc. (LKC) to construct a new gymnasium. Arch Insurance Company (Arch), which had previously issued an insurance policy covering LKC for other construction projects amended the policy to include the Winsor gymnasium project. LKC’s floor subcontractor on the project, Kenvo Floor Co., Inc. (Kenvo), also enrolled in the policy as an insured sub. After the project was completed in April 2015, the project architect notified LKC of a series of flooring system deficiencies. LKC informed Kenvo that it was withholding $192,383 in payments to offset the anticipated cost of fixing the flooring issues.

In June 2016, LKC submitted a request to Arch for coverage of the anticipated floor-repair costs. Arch denied LKC’s request, and LKC sued Arch for breach of contract. Both parties filed motions for summary judgment, and the court granted Arch’s motion, which was premised on the position that LKC’s claimed payments were not for “property dama[..]


Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.

Best regards,
The ProEdTech Team