The February 2026 Cotney Brief

By Emma Peterson. 

Insights from legal expert and industry leader Trent Cotney. 

Trent Cotney, a lawyer at Adams and Reese, is one of the leading voices in construction law. With more than 25 years of experience in the field, he serves as general counsel for trade organizations such as the National Roofing Contractors Association, Florida Roofing & Sheet Metal Association, Roofing Technology Think Tank and Western States Roofing Contractors Association. He is also the editor and publisher of two Amazon best-selling books (OSHA Defense for the Construction Industry and OSHA Defense: Know Your Rights). 

And you can read his insights and expertise directly in the Cotney Briefs. These briefs are monthly updates from Trent on the legal landscape of the industry. Here’s a preview of what he shared in his February 2026 brief. 

1 – Illinois Rooftop Safety for First Responders Act 

This act, commonly known as the Drew Price Act, went into effect January 1, 2026. Essentially, it applies limits to work done of low-slope (defined as less than a 2:12 slope) roofs where “an unguarded roof edge, light well, shaft or opening can create a catastrophic fall hazard.” 

What this means for contractors: Contractors operating under this Act should assess their contract for scope-related provisions and definitions. Language related to disclosure of openings on the roof from owners, whether protective measures are included in scope, change order requirements and more can help improve your position if disputes arise.  

2 – The Vuletic Group v. Malkin case 

In this case, a contractor, the Vuletic Group, sued homeowners (Spencer and Fran Malkin) for nonpayment for a project started in 2018 and terminated in 2019. The homeowners then filed a counterclaim against Vuletic, which led to a bench trail in 2023. At that trial, the court awarded “approximately $499,250 in damages including prejudgment interest.” However, the Florida Fourth District Court of Appeal just reversed on that award, holding that “damages for a breach of contract including construction defect claims must be measured as of the date of the breach, not based on cost increases occurring years later.” 

What this means for contractors: This case reinforced what Trent calls a fundamental construction law principal: “The non-breaching party must prove damages measured at the date of the breach even where expert reports and cost evidence are introduced based on later pricing.” 

3 – Management of excess materials 

It is common for construction materials to be ordered based on estimates that account for waste factors, cutting loss, breakage and more. This can lead to a surplus of material after installation. This is normal, however, can cause debates and disputes over ownership of materials at the end of a project.  

What this means for contractors: To avoid these issues, contractors should clarify expectations over material ownership in their contracts. Trent included an example of what this could look like:  

Unless otherwise expressly stated in writing, any materials purchased, delivered to the Project, or stored off-site for the Work that are not incorporated into the completed Work (“Excess Materials”) shall remain the sole property of the Contractor. The Owner acknowledges that quantities are estimated and may exceed actual installation requirements, and the Contractor shall have no obligation to credit, return, or transfer ownership of any Excess Materials not incorporated into the Work. Contractor is not a licensed architect or professional engineer and does not provide architectural or engineering services. Any plans, specifications, drawings, details, recommendations, shop drawings or suggestions provided by Contractor are offered solely for the purpose of facilitating construction and are not intended as professional design services. Responsibility for the adequacy, accuracy and code compliance of all design documents rests exclusively with the project owner and/or the owner’s licensed design professionals. Contractor shall not be responsible for errors, omissions or deficiencies in the plans, specifications or other design documents provided to Contractor. 

4 – Explicit contracts 

For many contractors, there are unspoken standards of practice, things that “have always been done that way.” This seems normal for many industry professionals, but can cause confusion for clients that can even escalate into disputes. And when those disputes go to the courts, insurers or regulators, it is the contract that they examine to determine the resolution.  

What this means for contractors: The takeaway here is to make sure that industry practices and knowledge that seem standard and unnecessary to mention are included and discussed in your contracts. As Trent puts it, “Assumptions that were once safe to make are now potential liabilities... Those who align their contracts with their operational realities are far better positioned to manage risk, protect margins and avoid disputes in an increasingly unforgiving environment.” 

Learn more about each of these topics in the full February 2026 brief!