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Construction Insurance, Second Edition is a comprehensive, practice-oriented reference that demystifies insurance coverage issues in the construction industry. Designed for attorneys, insurance professionals, risk managers, and construction stakeholders, the guide delivers actionable insights and deep legal analysis across the full spectrum of construction insurance. This revised edition introduces significant updates to each chapter, ensuring that readers have the most up-to-date case law and industry trends at the ready.
For example, Chapter 2 refines the guidance on insurance clauses in construction contracts, highlighting practical consequences of boilerplate provisions and providing new analysis of the evolving roles of brokers and attorneys in insurance procurement. It also examines how contract terms - such as subrogation waivers and indemnity obligations -interact with enforceability and coverage under modern policy forms.
Chapter 3 covers commercial general liability, which is an insurance coverage commonly invoked in construction industry disputes. The updated chapter provides the latest guidance of oft-litigated issues involving typical business risk exclusions, the scope of coverage for delay and other economic damages, and what constitutes an ?occurrence? with respect to construction defects in various jurisdictions.
Chapter 5 delves into indemnity provisions and additional insured coverage, clarifying current statutory anti-indemnity limitations across jurisdictions and exploring recent litigation trends in performance bond enforcement. The chapter also provides detailed comparisons of ?limited,? ?intermediate,? and ?broad? form indemnity and their insurability under ISO-based CGL policies.
Chapter 7 tackles the complex issue of pollution liability and addresses several recent and trending topics in environmental risk, including communicable disease in the wake of the COVID-19 pandemic and per- and polyfluoroalkyl substances (PFAS).
With each chapter updated for relevance and clarity, this edition remains an indispensable guide for construction professionals navigating the ever-evolving intersection of construction law, risk, and insurance.
Melissa C. Lesmes is a member of Pillsbury’s Board and leads the Construction Counseling & Dispute Resolution Practice Group. She focuses her practice on complex construction claims and insurance coverage disputes.
Melissa has substantial experience litigating construction-related disputes. Specifically, she has handled matters involving delay, design and construction defects, and environmental conditions. She also has handled significant complex construction insurance coverage litigation across all lines of coverage including claims involving builder’s risk, CGL, subcontractor default, professional, pollution, commercial property, business interruption, and other types of insurance policies.
She also has significant experience in negotiating construction contracts and insurance requirements and helping clients set up insurance programs (OCIPs, CCIPs, and stand-alone programs) for large scale construction projects, as well as providing general legal counsel before commencement, during, and after completion of a project.
She is widely recognized for her leadership in the construction and insurance fields, often working with owners, developers, and contractors to manage major projects and resolve disputes efficiently. Melissa’s practice includes advising on multiparty litigation and coordinating with insurers to maximize recovery for clients facing substantial losses. Her experience extends across both public and private projects, including large infrastructure developments.
In addition, Melissa is a Fellow of the American College of Construction Lawyers (ACCL) and has received numerous awards and honors, including recognition by Chambers USA in Construction Law from 2019–2025, The Legal 500 U.S. for Construction, Best Lawyers for Litigation-Construction and Construction Law, and Super Lawyers. She is also an active speaker and panelist at industry conferences.
Melissa holds a JD from The College of William & Mary and an AB in public policy studies from Duke University. She is admitted to practice in the District of Columbia and Maryland, with eligibility in multiple United States District Courts and state and federal appellate courts across the country.
Kent W. Collier is managing principal of Greyling
Insurance Brokerage & Risk Consulting, a division of EPIC. Kent provides
day-to-day service to Greyling/ EPIC clients regarding insurance and risk
issues in the architecture, engineering, construction, environmental, and legal
service fields. He brokers practice and project specific insurance placements
for large and midsize design, construction, and law firms across the country.
Kent performs risk management consulting for clients including preparation and
presentation of educational seminars; compilation and analysis of risk surveys;
drafting and negotiating professional services contracts; and answering various
client questions concerning legal, insurance, and risk issues impacting the
construction and engineering industry. He has experience presenting continuing
education training to staff regarding risk management, contracts, and insurance
topics and is a frequent speaker at industry events and conferences. He is also
responsible for managing Greyling’s sales, marketing, and risk management
endeavors.
Prior to joining Greyling in 2015, Kent was a
practicing attorney for over eight years at Sutherland Asbill & Brennan LLP
in Atlanta, focusing on construction litigation and transactions. He
represented architects, engineers, general contractors and construction
managers, owners, and specialty sub-contractors in litigation across the
country regarding issues such as insurance coverage, delay and lost
productivity, construction defects, design errors and omissions, product
liability, surety bonding, and lender liability on diverse projects including
high-rise condominiums and hotels, casinos, power plants, industrial and
chemical processing plants, civil and underground work, schools, and hospitals.
He is a licensed attorney in Georgia, New York, and Florida, where he was
previously Board Certified in Construction Law. Kent was named as a “Rising
Star” in Construction Litigation by Georgia Super Lawyers from 2012 to 2015.
Kent is a 2002 graduate of the University of
Virginia and received his law degree in 2005 from Emory University. Kent is
very active in many industry organizations including the American Bar
Association Forum on Construction Law and the American Council of Engineering
Companies (ACEC). He is a LEED Accredited Professional. Kent also holds the
Construction Risk and Insurance Specialist (CRIS) designation from the
International Risk Management Institute (IRMI). Kent’s recognitions include
being named as a Top Young Professional Under 40 by ENR New England in 2019.
Lexie R. Pereira is an associate at Pillsbury Winthrop Shaw Pittman’s Washington, DC, office, focusing her practice on all aspects of complex commercial litigation, with an emphasis on construction law and the drafting and negotiation of construction contracts. Lexie’s experience includes work on construction, insurance recovery, government contracts, and general litigation matters. Her practice also includes negotiating and reviewing AIA and custom form owner contracts and subcontracts, leading e-discovery efforts, and training project team members on contract and compliance issues.
Lexie has significant in-house experience, including a partial secondment at an ENR top 10 construction company and three years working in-house (while earning her JD/MBA) at an ENR top 50 construction company. In addition, she spent time prior to law school working at an ENR top 50 domestic heavy/ civil contractor as an estimator, field engineer, and laborer.
Her professional highlights include assisting a major contractor in due diligence for the acquisition of construction operations on the East Coast and representing a public company in a multimillion-dollar dispute involving a large infrastructure project. Lexie is actively involved in professional organizations, including serving on the Steering Committee of the ABA Forum on Construction Law’s Division 10, and contributing regularly as an editor and panel participant. Lexie holds a JD/MBA from Boston College as well as a BA from Boston College. She is admitted to practice in Massachusetts, the District of Columbia, Maryland, and Florida, and is also admitted to the U.S. District Courts for the Districts of Maryland and Massachusetts.
