Insights
Navigating the complexities of construction law is crucial for any contractor looking to build a resilient business. With decades of experience, Trent Cotney’s blog is your essential resource for staying ahead of legal challenges and ensuring your business is equipped for long-term success.
New Legislation Would Require Employers to Disclose AI Screening
Artificial intelligence (AI) is increasingly changing how employers evaluate job applicants and existing employees. From…
OSHA Renews National Emphasis Program for Warehousing and Distribution Centers
OSHA has renewed its National Emphasis Program (NEP) targeting warehousing and distribution center operations, signaling…
Community Opposition Is Becoming a Construction Risk
Community opposition has become a material risk for many large construction projects. Data centers, manufacturing…
The recent structural incident at 235 East 42nd Street in Manhattan raises significant construction and…
California’s Construction Laws Continue to Burden Contractors
California remains one of the most difficult states in the country for contractors. The state…
Construction Contracts in an Era of Tariff, Supply Chain, and Regulatory Volatility
Construction contractors continue to operate in an environment where pricing certainty can disappear quickly. Material…
Federal Court Limits Immigration Raids at Construction Sites
Venegas v. Homan, No. 1:25-cv-00397-JB-N (S.D. Ala. Sept. 21, 2026). Facts: Leonardo Garcia Venegas, a…
General Contractor Owed No Safety Duty to Subcontractor’s Injured Roofer
Case: Suquilanda v. Skyway Roofing, Inc., SJC-13878 (Mass. Aug. 17, 2026). Facts: A roofer employed…
Contractor Waives Claim by Failing to Give Timely Notice
Arnell Construction Corp. v. New York City School Construction Authority, 249 A.D.3d 657 (2d Dep’t…
Recent Supreme Court Decisions Shape Immigration Policy
Temporary Protected Status, Mullin v. Doe, June 25, 2026: The Court held that challengers to…
Court Limits Excessive Completion Costs in Construction Dispute
Corotoman, Inc. v. Central West Virginia Regional Airport AuthoritySupreme Court of Appeals of West Virginia,…
Florida Court Clarifies When an Invitation to Bid Does Not Create a Subcontractor Relationship
In Willis A. Smith Construction, Inc. v. Keathley, No. 2D2025-1900, the Florida Second District Court…
Background: Granule Loss on Asphalt Shingles
Granule loss has become an increasingly common concern among roofing contractors, particularly with shingles manufactured and installed following the COVID-19 pandemic. Contractors have reported instances…
Testing and Destructive Investigation Allocation Provision
Background When a defect or water intrusion is alleged, owners and consultants often demand testing, core cuts, probes, tear-offs, or other destructive investigation before anyone…
Daily Report Presumption Provision
Background Daily reports often become critical evidence when a project dispute arises. They may document manpower, work performed, delays, and directives from the owner or…
Manufacturer Instructions and Warranty Priority Clause
Context: Manufacturer instructions are often overlooked in construction contracts, but they are critical. Many disputes arise when an owner, design professional, consultant, or upstream contractor…
AI-Assisted AAA Initial Decision Maker Provision
Context: Construction projects move quickly. Payment disputes, order disputes, and scope issues often need a prompt interim decision before they damage the project schedule or…
Manufacturer System Compatibility Clause
Context: Construction contractors are often asked to install materials or systems that they did not select, design, manufacture, or test for compatibility with existing conditions….
Navigating ICE Raids and Worksite Inspections
The Trump White House has promised to crack down on undocumented workers, and that could…
Corporate Antitrust Compliance: Insights from the DOJ’s Updated Guidance
Recently, the Department of Justice (DOJ) Antitrust Division released an updated version of its Evaluation…
How Employers Can Manage ICE Raids and Worksite Inspections
As President Trump takes action to crack down on immigration, many business owners are concerned…
Complying with the CTA Reporting Requirements
The Corporate Transparency Act (CTA) went into effect on January 1, 2024, and will impact…
Check Your Contract: Written Notices May Be Required
Over the years, I have often said that the party with the best paper wins…
Construction Infrastructure : Fixing Old Roads or Building New Ones?
As the ambitious $2.3 trillion infrastructure construction bill is currently being debated in Congress, many…
Major Changes to Federal DBE Requirements
The U.S. Department of Transportation (DOT) has finalized significant changes to its Disadvantaged Business Enterprise…
Court Upholds EPA PFAS Designation
On August 18, 2026, the D.C. Circuit unanimously upheld EPA’s designation of PFOA and PFOS…
Recent Tariffs Increase Construction Costs and Contract Risk
Recent federal tariffs continue to increase material costs and pricing uncertainty for the construction industry….
Tennessee Adopts New Noncompete Limits
Tennessee has enacted a new statute limiting the use of noncompete agreements. The law took…
Florida Changes Building Permit and Inspection Rules
Florida recently enacted CS/CS/HB 803, a construction-related law that changes several building permit and inspection…
NLRB Restores Narrower Joint-Employer Standard: What Construction Contractors Should Know
The National Labor Relations Board has formally withdrawn its 2023 joint-employer rule and restored the…
How to Avoid a Ransomware Attack
Cyberattacks can happen at any time. In fact, if you have scanned the headlines lately,…
Cybersecurity Threats Are on the Rise. Is Your Construction Company Protected?
Imagine that one of your office assistants is at the end of their Friday shift….
Examining the Legalities of Construction AI
The world of artificial intelligence (AI) can be simultaneously exciting and troubling. The idea of…
Whether you own a small construction business, a midsized one, or a huge firm, if…
Whether it’s completing work on time, managing a workforce, avoiding any type of liability or…
The Future of Construction: Exoskeletons Part 2
Exoskeletons are metal frameworks that enhance the abilities of workers and reduce the risk of…
New Legislation Would Require Employers to Disclose AI Screening
Artificial intelligence (AI) is increasingly changing how employers evaluate job applicants and existing employees. From…
OSHA Renews National Emphasis Program for Warehousing and Distribution Centers
OSHA has renewed its National Emphasis Program (NEP) targeting warehousing and distribution center operations, signaling…
Community Opposition Is Becoming a Construction Risk
Community opposition has become a material risk for many large construction projects. Data centers, manufacturing…
Federal Court Limits Immigration Raids at Construction Sites
Venegas v. Homan, No. 1:25-cv-00397-JB-N (S.D. Ala. Sept. 21, 2026). Facts: Leonardo Garcia Venegas, a…
General Contractor Owed No Safety Duty to Subcontractor’s Injured Roofer
Case: Suquilanda v. Skyway Roofing, Inc., SJC-13878 (Mass. Aug. 17, 2026). Facts: A roofer employed…
Contractor Waives Claim by Failing to Give Timely Notice
Arnell Construction Corp. v. New York City School Construction Authority, 249 A.D.3d 657 (2d Dep’t…
Background: Granule Loss on Asphalt Shingles
Granule loss has become an increasingly common concern among roofing contractors, particularly with shingles manufactured…
Testing and Destructive Investigation Allocation Provision
Background When a defect or water intrusion is alleged, owners and consultants often demand testing,…
Daily Report Presumption Provision
Background Daily reports often become critical evidence when a project dispute arises. They may document…
Navigating ICE Raids and Worksite Inspections
The Trump White House has promised to crack down on undocumented workers, and that could…
Corporate Antitrust Compliance: Insights from the DOJ’s Updated Guidance
Recently, the Department of Justice (DOJ) Antitrust Division released an updated version of its Evaluation…
How Employers Can Manage ICE Raids and Worksite Inspections
As President Trump takes action to crack down on immigration, many business owners are concerned…
Major Changes to Federal DBE Requirements
The U.S. Department of Transportation (DOT) has finalized significant changes to its Disadvantaged Business Enterprise…
Court Upholds EPA PFAS Designation
On August 18, 2026, the D.C. Circuit unanimously upheld EPA’s designation of PFOA and PFOS…
Recent Tariffs Increase Construction Costs and Contract Risk
Recent federal tariffs continue to increase material costs and pricing uncertainty for the construction industry….
How to Avoid a Ransomware Attack
Cyberattacks can happen at any time. In fact, if you have scanned the headlines lately,…
Cybersecurity Threats Are on the Rise. Is Your Construction Company Protected?
Imagine that one of your office assistants is at the end of their Friday shift….
Examining the Legalities of Construction AI
The world of artificial intelligence (AI) can be simultaneously exciting and troubling. The idea of…