By Emma Peterson. 

Trent Cotney shares both his long- and short-term thoughts about the current state of the industry.  

Trent Cotney recently stopped by The Coffee Shops™ for a new episode of Roofing Road Trips® all about what’s new in the industry. Trent is a partner at Adams and Reese law firm with a specialization in roofing litigation and arbitration. Looking at the state of roofing today, he highlighted the diversity of the experiences of contractors, sharing, “Demand is uneven. There are certain sectors where things aren’t as good, like the Florida residential market. But there are also other areas where it's booming. Think data centers, military/federal work, commercial, even some residential markets.” 

What has caused such irregularity across the industry? Looking at the short-term, Trent pointed to things like residual post-COVID adjustments and rising gas prices. He explained, “There’s some post-COVID adjustment that's still happening, but bigger than that is the gas prices. The immediate impact of that is everything from fleet to shipping costs is doubled. That’s a big thing people are struggling with in our industry and outside of it right now.”  

As for the long-term factors impacting the state of the industry, things like oil inputs and manufacturing costs are top of mind for Trent. He shared: 

It goes beyond the gas price we see; it’s about the petroleum-based inputs for materials manufacturing. They’re going up, which is typical; prices always rise. But the rest of our industry isn’t adjusting margins for that, and the longer we aren’t adjusting for that, the more potential impact there is. 

Where will that impact be felt? In your bottom line. Trent explained, “It's basically another charge on top of what you had already priced in. So, as long as that remains there, you're against margins.” 

In the face of all these concerns, Trent always recommends going back to the basics of your business by prioritizing purposefulness and consistency. He explained:  

You can’t control wars or immigration policies, but you can make sure that you are showing up every day, sticking to the fundamentals and running your business appropriately. And what the last few years have shown is that the businesses that do that, that are purposeful and consistent, are the ones that will weather the storm of uncertainty better.  

Listen to the episode or Watch the recording to learn more about the state of roofing today.

By Emma Peterson. 

How strong agreements and thorough documentation help you avoid misclassification and immigration issues. 

With tightening work regulations, both related to immigration and general compliance, it is more important than ever that contractors make sure their subcontractor agreements and documents are in order. To learn about the do’s and don’ts of managing subcontracted labor, we hosted Trent Cotney of Adams and Reese for a Roofing Road Trips® episode. 

Trent opened the conversation by talking about why this is such an important topic right now:  

I've seen a complex situation emerge recently where the government may come out for an I-9 audit for your W-2 employees, start digging, see that you’ve got a bunch of 1099 subcontractors and start doing a misclassification analysis. And in that analysis, I’ve seen it determined that there’s a misclassification and that a certain number of 1099s are really employees and you should be keeping I-9s on them. And then you’re facing misclassification issues and immigration fines.  

So, how do you avoid this? It all comes back to making sure you have a strong subcontract agreement that is not for an individual. John elaborated, “Make sure your agreement shows independence and shows that you are paying an entity, not an individual. If you're paying, say, John Smith, $500,000 a year, that's a red flag. But if it's John Smith LLC, there still might be issues, but it’s better.” Additionally, avoiding paying cash and working with entities who are subcontracted to multiple contractors can help avoid misclassification investigations. 

Another thing you should make clear in your agreement with 1099s is their responsibility for immigration compliance. Trent explained, “It should be clear in your subcontractor agreement that the entity is responsible for complying with all immigration regulations, because, under federal immigration law, an employer can only keep I-9s on W-2s. So, you are not responsible for I-9s from your subcontractors. In fact, if you ask for one, you run the risk of a discrimination claim based on national origin.” 

Overall, by keeping your 1099 independence clear in your subcontractor agreement, you will not only help avoid misclassification issues but also protect yourself from compounding immigration fines.  

Listen to the episode or Watch the recording to learn more about working with subcontracted labor. 

By Emma Peterson. 

Staying ahead of joint employer rules, bid liability, cost escalation language and more.  

For many contractors, managing the legal and operational side of their roofing businesses often takes a back burner to their passion for their trade and craft. However, this can cause problems down the road as navigating the legal landscape of business ownership is crucial to adhering to regulations and building long-term success. To help contractors manage this side of their business, Trent Cotney, a partner at Adams and Reese specializing in roofing litigation, releases a monthly newsletter summing up legal and regulatory changes affecting roofing. Here’s a summary of what he covered in his May 2026 newsletter.  

1 – NLRB withdraws the 2023 joint-employer rule 

The National Labor Relations Board (NLRB) has formally withdrawn the 2023 joint-employer rule. In this rule’s place, the 2020 standard is returned. This standard is much narrower and requires “evidence that one entity exercises substantial direct and immediate control over essential employment terms of another employer’s workers.” 

What this means for contractors: Overall, this is a contractor-friendly change. The narrower rule adds certainty to employment conditions that should make employment of subcontractors easier. However, contractors must still be vigilant about employment lines on the jobsite and field crew still must communicate through each subcontractor’s designated supervisor. 

2 – Florida court holds that invitation to bid does not create a subcontract 

The Florida Second Court of Appeal just addressed the case of Willis A. Smith Construction, Inc. v. Keathley, No. 2D2025-1900. This case centered on the question of whether a general contractors could claim workers’ compensation immunity for a worker’s injury that occurred “while visiting a project site before submitting a subcontractor bid.” The court found that because the invitation to bid did not create any contractual obligation, did not specify binding scope and did not guarantee work, the contractor could not claim the compensation immunity.  

What this means for contractors: This case is a good reminder that “pre-bid communications, job walks, site visits and invitations to bid do not automatically create subcontractor status or workers’ compensation immunity.” As such, general contractors must be careful about requiring site-access language and proof of insurance for anyone visiting a site prior to contract awarding.  

3 – Allocating risk when asked to install material and systems 

Contractors are often asked to install products that they did not “select, design, manufacture or test for compatibility with existing conditions.” This can cause issues when it comes to warranties, as manufacturers often warrant their own products but not the whole system.  

What this means for contractors: To avoid issues related to this, contractors should include a manufacturer system compatibility clause that makes it clear the contractor is not responsible to failures caused by “product incompatibility, design decisions, concealed conditions, manufacturer limitations or owner-directed substitutions.” This is an example of that type of clause: 

Contractor shall be responsible for installing the materials, products, components, and systems within Contractor’s scope of work in accordance with the Contract Documents and applicable manufacturer installation instructions made available to Contractor. Contractor does not warrant, guarantee, or assume responsibility for the compatibility, integration, performance, chemical interaction, physical compatibility, adhesion, fastening performance, thermal movement, moisture tolerance, structural suitability, code compliance, or long-term performance of any material, product, component, assembly, substrate, existing condition, adjacent system, or owner-selected item that Contractor did not design, manufacture, specify, select or expressly approve in writing. 

*Read the whole provision.

4 – Navigating project costs with rising material prices 

In the era of tariff changes, freight distributions, supply chain volatility and regulatory constraints, it is not uncommon for project costs and schedules to shift after a contract has been signed. This creates a legal question of who bears the risk when project costs change after a bid. 

What this means for contractors: Contractors must be careful to make adjust their contracts so that they do not “assume a stable market that no longer exists.” What does this mean? Include things like price escalation clauses, regulatory-change provisions, substitution rights and/or material availability protection.  

And even if you have all these provisions, documentation remains key. Contractors should record everything from quotes to communication expressing availability changes. As Trent puts it, “Without that record, even a strong contract clause may be difficult to enforce.” 

Check out the full May 2026 Cotney brief.

By Emma Peterson. 

A conversation with Trent Cotney on why proactive policies and operations matter more now than ever. 

Going into 2026, there was a lot of commotion to keep track of, from uncertainty about tariffs to immigration changes and beyond. And now, one quarter into the year, there are even more geopolitics and economic factors to track. It can feel like a lot, which is why we spoke with Trent Cotney, who is a partner at the Adams and Reese law firm as well as the general counsel for leading associations like National Roofing Contractors Association (NRCA), for a Coffee Conversations® all about operating in our current market, which Trent describes as “a sort of intersection of regulatory pressure and economic volatility.”  

Trent’s main advice for contractors? Be proactive. He elaborated, “What I want our contractors to do is look at how to be proactive rather than reactive. One of the things I've seen over the years is that almost every single legal issue that a roofing contractor has is a symptom of an operational failure somewhere.” An example of this is OSHA fines. When contractors receive these, there’s probably a safety procedure that failed somewhere along the way. Or when it comes to customer issues, maybe you need to look at your process of vetting customers or your contract provisions to make sure you’re better protected.  

By proactively investing in these things and making sure that your procedures, operations and policies are all in place and secure, you can save your money in the long run. Trent explained, “Shoring up your policies, procedures, operations, contracts and all that can be a lot. But it will save you money in the long term as you won’t be throwing money away on lawyers and OSHA fines and all that reactive stuff.”  

Trent also recommends being proactive in your interactions with the rest of the market. In other words, get involved, make sure you know what’s going on so that you can prepare accordingly. He gave an example of what this might look like, “I encourage everybody to get involved in associations because that’s how I kind of keep my thumb on the pulse of the industry. I wouldn't be able to understand what's going on out there if I wasn't involved in associations. I really think that not only is it the external voice of our industry, but it is, it really helps you understand what you should be looking out for.” 

Listen to the whole recording or Watch the episode to learn more about operating in a proactive manner.  

By Emma Peterson. 

How building systems, training teams and updating documents reduces your legal risk. 

From immigration investigations to OSHA inspections, there are a myriad of jobsite legal situations that could crop up out of nowhere. The best way to prepare your business for these unexpected scenarios is by training your team properly and keeping a core set of documents updated and organized. To learn more about how to do this, we sat down with Trent Cotney, roofing litigation specialist and partner at the Adams and Reese law firm, for a Read Listen Watch (RLW)® webinar.   

Preparing your papers  

When it comes to keeping papers in order and up to date, the first and foremost should always be your contracts. Trent highlighted the importance of keeping track of contracts:  

A lot of people tend to ignore contracts until it’s too late. My advice is to look at your contract every six months. And when you look at it, you should be making sure it is up to date and addressing any issues that might’ve cropped up since the last time you checked it. I’ll give you an example, say you have a customer who steps on a nail and files a personal injury claim. Next contract you make should have a nail disclaimer in it to give you a better defense if that situation comes back up later. 

Additional documents that need to be in order include your labor papers, such as 1099s and W2s. You also always need to have a safety manual set up. Trent explained, “You need to be able to dictate what kind of safety you're doing. We live in a world now where the multi-employer side doctrine may say that you, the primary roofing contractor, are liable for any subcontractor safety violations if you control their safety. So, it's important that you've got strong contract and documentation set up to define who’s responsible.”  

Training your team 

As for training your team, you need to make sure your on-site supervisors understand what to do when unexpected investigations occur. Trent used the example of OSHA inspections:  

Your superintendent needs to understand what to do if [OSHA] shows up on your jobsite. Understanding how to navigate OSHA inspections is a beast. You need to know and be able to assert your rights when needed. It's things like knowing that supervisors, owners, officers and directors are not to be interviewed by OSHA without counsel present and that you need to limit the inspection to the purpose of why OSHA is out there. 

The best way to make sure your on-site team is prepared is to give them proper training, resources and a standard operating procedure (SOP). If you need help getting these established, Trent’s book, OSHA Defense: Know Your Rights, is an invaluable resource to have on hand.  

You can also Listen to the whole webinar or Watch the recording to learn more.  

Por Alberto Torres. 

Evita errores costosos: lo que todo contratista debe saber antes de firmar un contrato. 

En este episodio de La Voz de los Ruferos, Jessica Bravo conversa con Gabriel Pinilla, abogado de Adams & Reese con más de 20 años de experiencia, sobre un tema fundamental para el crecimiento de los contratistas: la importancia de entender y negociar contratos en la industria del roofing. 

Gabriel comenzó su carrera en el sur de Florida y actualmente trabaja en Colorado junto a Trent Cotney desde 2020, colaborando estrechamente con empresas del sector. Su experiencia en múltiples estados le ha permitido ver de primera mano los retos legales que enfrentan muchos contratistas, especialmente aquellos que están en proceso de crecimiento. “Trent está muy comprometido con la industria del roofing. Tiene una verdadera pasión por impulsarla y hacerla evolucionar, algo que sinceramente no he visto en otros sectores,” comparte Gabriel. 

Uno de los principales desafíos que identifica es el manejo de contratos. Según explica, muchas empresas nuevas firman acuerdos que son injustamente favorables al contratista general, sin comprender completamente las implicaciones legales. “Enfocarte en las cláusulas clave y negociarlas estratégicamente puede marcar la diferencia entre un contrato riesgoso y uno que realmente proteja tu negocio,” señala. 

Desde su rol en Adams & Reese, Gabriel trabaja directamente con contratistas para revisar, ajustar y redactar contratos más equilibrados. Este proceso no solo ayuda a evitar conflictos, sino que también fortalece la estructura y estabilidad del negocio a largo plazo. Además de la asesoría legal, Gabriel enfatiza la importancia de la educación continua. Recomienda participar en eventos de la industria como los organizados por la National Roofing Contractors Association (NRCA), donde ha tenido la oportunidad de presentar en español sobre cláusulas críticas en construcción. “Con el conocimiento adecuado, puedes tomar decisiones más seguras al momento de firmar. Y si tienes dudas, lo mejor es consultar antes, no después de que surja el problema,” explica.  

También sugiere considerar cursos básicos de leyes de negocios en colegios comunitarios o universidades locales, ya que estos conocimientos pueden ser clave para tomar decisiones más informadas. A medida que más contratistas latinos evolucionan hacia roles de liderazgo empresarial, contar con el apoyo adecuado, ya sea legal, educativo o comunitario, se vuelve esencial para construir negocios más sólidos y sostenibles dentro de la industria del roofing. 

Escucha o mira el podcast para profundizar en estas claves y aprender cómo proteger mejor tu negocio.

By Emma Peterson. 

How Trent Cotney supports the roofing industry from the courtroom and beyond.  

Just last year, Trent Cotney was recognized in The Best Lawyers in America® 2025 edition for his construction law and litigation work. This recognition places Trent in the top 5% of lawyers in the U.S., but Trent is far more than “just” a lawyer. He is a writer, educator, expert and invaluable leader in the roofing industry! To learn more about the work Trent does, we interviewed him at the 2026 International Roofing Expo (IRE). 

We started by focusing on his role as an educator as we caught him up with just after his IRE education session. He shared a bit about it, saying, “I spoke on immigration today along with Ben Briggs, another one of the lawyers at Adams and Reese. It was a good session, well attended and we got to answer a ton of questions about ice raids, I9 audits and all that kind of stuff.”  

In addition to his role as an educator, Trent shares his extensive expertise with the industry as general counsel for a variety of trade associations, including but not limited to the National Roofing Contractors Association, Western States Roofing Association and Florida Roofing and Sheet Metal Association. He elaborated on what he does as a general counsel to these organizations, explaining, “In that role, not only do I make sure the association stays on the straight and narrow, but I also to provide them and their members with targeted, real world legal advice on regulatory issues.” 

But wait, there’s more! Trent is also a prolific writer, sharing insights and advice in multiple Amazon best-selling books and across industry publications (including on RoofersCoffeeShop®!). His schedule might seem busy (because it is), but Trent wouldn’t have it any other way. He explained, “I really want to take the knowledge that I've learned over the years and apply it for the good of the industry.”  

Watch the whole interview to hear more about Trent and his work to support the industry.

By Jenny Yu.  

Contractors will gain practical insights from leading experts while connecting with top manufacturers and suppliers. 

The Florida Roofing and Sheet Metal Contractors Association (FRSA) is hosting its 104th Convention & Expo from June 10-12, 2026, at the Gaylord Palms Resort & Convention Center in in Kissimmee, Florida. With a strong lineup of sponsors and an educational program packed with timely topics, this year’s event is set to provide contractors with practical insights and valuable networking opportunities. 

A wide range of industry leaders are lending their support for the event, underscoring its importance across the roofing and metal construction sectors. Platinum sponsors include Eagle Roofing Products, ABC Supply and TAMKO®; while gold sponsors CertainTeed LLC, Polyglass and SOPREMA further highlight the depth of industry participation. Additional support from emerald sponsor Adams & Reese LLP; sapphire sponsors BITEC, Drexel Metals, MetalForming LLC and Sika Corporation; silver sponsor SRS Building Products; bronze sponsors Duro-Last®, IB Roof Systems™, PAC-CLAD Petersen and Roof Hugger; and affiliate sponsor, Roofing Contractors Association of South Florida (RCASF), reinforce the event’s focus on innovation, performance and contractor success. 

Educational sessions 

Education remains the cornerstone of the convention, with sessions designed to address today’s most pressing challenges in the industry while providing attendees with opportunities to earn CE credits. Legal and compliance topics are a hot topic with multiple sessions led by Trent Cotney, RoofersCoffeeShop® Influencer and partner at Adams & Reese LLP, including: 

• “Building an OSHA Inspection SOP” - Wednesday, June 10, 8:00 a.m. 
• “Roofing Legal, Labor and Policy Trends” - Wednesday, June 10, 12:30 p.m. and Friday, June 12, 7:00 a.m. 
• “Artificial Intelligence in Roofing” - Thursday, June 11, 7:00 a.m. 
• “ICE Raids and I-9 Audit Defense” - Thursday, June 11, 8:15 a.m. and Friday, June 12, 8:15 a.m. 

These sessions will provide contractors with actionable guidance on navigating regulations, mitigating risk and adapting to emerging technologies.  

Business operations are also a key focus. John Kenney, Influencer of The Coffee Shops™ and CEO of Cotney Consulting Group, will lead “Estimating for Small Business” on Wednesday, June 10, at 9:15 a.m. and Thursday, June 11, at 7:00 a.m., offering practical strategies to improve accuracy and profitability for contractors of all sizes. Meanwhile, Chad Westbrook, founder of Service Alignment, will present “Documenting a Roofing Project” on Thursday, June 11, at 9:30 a.m. and Friday, June 12, at 7:00 a.m., helping attendees strengthen processes that support accountability, communication and long-term project success. 

Additional sessions cover critical issues including Florida Building Code updates, metal roofing best practices and safety topics such as heat illness prevention. The “SkillsUSA: Build a Workforce Pipeline” session on Thursday, June 11, at 9:30 a.m., will also highlight strategies for developing the next generation of roofers, a growing priority for contractors facing ongoing workforce shortages. Together, these seminars provide well-rounded education opportunities tailored to both roofing and sheet metal professionals.  

Register to reserve your spot and take full advantage of everything the 104th FRSA Convention & Expo has to offer!

By Emma Peterson. 

The highly anticipated 104th Florida Roofing and Sheet Metal Association Convention and Expo is just around the corner!  

In a new Roofing Road Trips®, Megan Ellsworth sat down with Tibor Torok, president of the Florida Roofing and Sheet Metall Association (FRSA), for a conversation about their annual convention and expo. This year’s show will take place June 10-12, 2026, at the Gaylord Palms Resort in Kissimmee, Florida.  

This is a highly anticipated event, drawing thousands of contractors, suppliers and industry leaders from across Florida and beyond. Tibor explained, “There's only one roofing association that is larger than our trade show, and that's the NRCA...People from all over gravitate to our show to see what's upcoming, what's new.” 

In preparation for this, Tibor and his team have been working hard at making sure the show will be one to remember. He spoke a bit about the event highlights attendees can look forward to this year:  

We have a dozen or so first-time exhibitors offering new products and services in addition to the hundreds of long-term people that come year after year and support us. We have a free welcome reception (sponsored by Adams and Reese) and a business lunch that are great for networking. There’s also a Jimmy Buffet themed casino party, a clay sporting tournament and a golf tournament for people to enjoy.  

FRSA will also be offering over 30 hours of continuing education. Taught by professionals in the field, these courses cover everything from Florida building codes and sales training to metal roofing training and fall protection education.  

All of this can feel like a lot to take in, especially if this is your first time attending the FRSA Convention and Expo. Tibor’s advice to newcomers? Take your time and ask questions. He explained:  

Last year we had over 5,000 attendees. So, give yourself time for things like registration. Also Gaylord Palms is large and events happen in multiple locations. Download the show app to get a complete exhibitor list, seminar schedule and floor plan. Overall, take your time and enjoy learning about the new products and methods in the industry. And if you have any questions, ask. You’ll be surprised how many people will engage with you. 

Listen to the episode or Watch the recording to hear more from Tibor. And if you haven't already, make sure to register for the 104th FRSA Convention and Expo.

By Jenny Yu.  

Attendees of the 2026 IIBEC Convention gained insights, education and networking opportunities. 

On March 12-15, 2026, the 2026 IIBEC International Convention and Trade Show delivered on its promise to bring together roofing and building enclosure professionals for education, collaboration and innovation. In an episode of Roofing Road Trips®, Heidi J. Ellsworth spoke with Brian Pallasch, EVP and CEO of the International Institute of Building Encloser Consultants (IIBEC), about the key takeaways that continue to shape how contractors, consultants and manufacturers work together. 

For Brian, one central theme for the conference was collaboration. “It really is about the partnership,” Brian stated. “When the contractor, the architect, the building enclosure consultant and the manufacturer work together, it’s to the benefit of the owner and the building. It’s a team.” As building systems grow more complex, this team approach is becoming essential across the industry. 

Brian also emphasized that IIBEC members play a critical role in ensuring quality and performance. “Our members are there to help the owner, the roofing contractor and the manufacturer get the job done — well done and right,” he said. That focus on quality was evident in both the educational sessions and conversations happening on the trade show floor. 

In addition, another key topic present throughout the conference and trade show was the long-term durability of building performance. “The idea of commissioning is, as buildings get more complex, you want to make sure that plans are actually being followed on the job site,” Brian explained, adding that building owners are increasingly focused on results: “They want to make sure that the building that they paid for is the building that they’re getting.” 

The Coffee Shops™ was thrilled to be part of such a successful event, recording live interviews that highlighted the innovation, learning and networking in strong supply. One standout moment included a Coffee Conversations® sponsored by Western Colloid Fluid Applied Roofing and Coating Systems, featuring a panel of industry experts who discussed the factors shaping the future of the roofing and building enclosure industry. 

“We had Lauren Morley, owner and president of R3NG Roofing and Gutters; Greg Hlavaty,  president of Western Colloid; and two amazing consultants, Sean Connolly and Dustin Smoot,” Megan Ellsworth of The Coffee Shops shared. “It was a fabulous conversation.” 

Other highlights included a state-of-the-industry address by RCS Influencer and Adams & Reese LLP Partner Trent Cotney; a live demo showcasing the strength of USG Securock® cover boards; and visits with Johns Manville and Polyglass at their hospitality booths. 

Overall, as the industry continues to evolve, IIBEC remains a hub for innovation, connection and professional growth. 

Listen to the full podcast to hear more insights about the 2026 IIBEC International Convention and Trade Show.