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The National Labor Relations Board (NLRB) has formally withdrawn the 2023 joint-employer rule.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 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.

By Emma Peterson. 

The latest Cotney Brief shares April 2026 construction law insights and updates. 

For contractors working in roofing and construction, the Cotney Briefs are an invaluable resource to keeping up with legal and regulatory changes affecting the industry. These briefs are written by Trent Cotney, a lawyer and partner at Adams and Reese law firm. Here’s what the April 2026 brief highlighted.  

1 – Compliance stakes raise with an E-Verify law 

Ohio recently enacted House Bill 246, otherwise known as the E-Verify Workforce Integrity Act. Originally signed in December of 2025, this law “covers nonresidential construction contractors, subcontractors at any tier and labor brokers that hire employees for covered nonresidential construction projects.”  

What does it mean? The covered employers must run new employees through E-verify unless a limited exception applies. If the employee receives a final nonconfirmation, the employer must terminate employment. 

What this means for contractors: If you are performing nonresidential construction work in Ohio, it is crucial to review your hiring processes to confirm E-Verify compliance and ensure that your record keeping is accurate as to avoid violations, which can lead to “monetary penalties, disqualification from public contracting, and in some cases license consequences for knowingly employing unauthorized workers.” 

2 – Duty to inquire court case 

In a case between Korte Construction Co. And the Secretary of the Army, a Federal Circuit court was asked to look at an issue of Korte needed to install chilled water improvements as part of a project. Korte argued that this improvement was not shown in the drawings as they were not detailed enough and they are not required to do this. Opposingly, the Army was seeking a refund of roughly $493,000 for the lack of chilled water improvements. 

At the core of this issue is solicitation. As Trent wrote, “The main issue was whether the solicitation, read as a whole, required Korte to perform the chilled water work. A related issue was inconsistency between the specifications and drawings which created a patent ambiguity.” The recent result of this case? The Federal Circuit found that the specifications and drawings together unambiguously called for the chilled water improvements and that Korte’s interpretation was “not reasonable.”  

What this means for contractors: This case is a reminder of the importance of reading solicitations (specifications, drawings, etc.) as a whole rather than individuals. Further, it highlights the importance of raising the issue of inconsistent, incomplete and/or unclear plans prior to a bid.  

3 – Water intrusion contract provision 

Water intrusion is one of the most common and expensive issues in the roofing industry. It is also a frequent source of dispute as most contracts don’t properly address temporary dry-in obligations.  

What this means for contractors: In order to avoid these disputes, contractors should consider adding a provision to their contracts that specifically addresses water intrusion and temporary dry-in obligations. Trent recommends something like this:  

Contractor shall take commercially reasonable measures to provide temporary dry-in and protect only those portions of the Work directly opened or disturbed by Contractor during performance of its scope. Contractor’s obligation is limited to the exercise of reasonable care under the circumstances then existing, taking into account the stage of construction, weather conditions, available access, project sequencing, occupancy constraints, and the condition of the existing structure. Contractor does not guarantee or warrant that the Project, the building envelope, or any portion of the premises will remain watertight or free from water intrusion during the course of construction.* 

*Read the whole provision.

4 – What softening confidence means legally 

The current uneven economy is having ripple effects in the roofing industry. Where some projects are growing in popularity, such as data centers, others are weakening due to recession concerns. In fact, “In AGC’s 2026 outlook, contractors reported noticeably dampened expectations compared with the prior year, driven in part by concern over the broader economy and the possibility of a downturn.” 

What this means for contractors: To navigate this softening confidence, contractors should treat this time as a contract discipline moment. In other words, this is the time to "review price escalation language, clarify tariff and procurement risk, tighten notice and claim procedures, preserve suspension and termination rights, and confirm that payment, delay, and force majeure provisions match present market conditions.” 

Read the full brief online.

By Emma Peterson. 

Trent Cotney explains the importance of thorough, purposeful and consistent legal documentation. 

When it comes to getting legal advice about the roofing industry, you’d be hard-pressed to find a better person to talk to than Trent Cotney. Trent has decades of experience in roofing litigation and arbitration. He is a partner at the Adams and Reese law firm as well as general counsel for leading roofing associations like the Florida Roofing and Sheet Metal Association (FRSA).  

He provided some crucial advice during a Read Listen Watch® episode all about navigating the legal side of roofing, specifically creating contracts that protect your company properly. The throughline of Trent’s advice was to be thorough, purposeful and consistent in your documentation. He explained, “I review hundreds upon hundreds of roofing contracts a month and one of the biggest mistakes I see is a tendency among contractors, especially in residential, to think less is more like, I don't want to scare away customers.”  

This misconception can often lead to issues down the line when contractors face issues and don’t have the appropriate provisions outlined. And it is a misconception, as Trent put it:  

From the owner perspective, I'm focused typically on two things, and so is every customer. It's reputation and price. As a lawyer I look at the terms and conditions, but really that’s just because I’m a lawyer and even then, when I came to my position at Adams and Reese, they sent me a 100 page employee manual to sign digitally and I just got on my phone and went click, click, click. If I'm doing that and I'm a lawyer, then you know homeowners are doing the same thing. 

Another issue that Trent sees come up frequently is what he calls “Frankenstein contracts.” These are contracts that “have been plugged together from bits and pieces along the way and often lead to issues like conflicting provisions or missing warnings.”  

And these issues aren’t limited to conflicts between contractors and clients, they can also crop up between owners and their subs. Trent explained, “About 85% of residential contractors use subs and about 50-60% of commercial contractors use subs. And from a contract standpoint, you need to be thorough. I always tell people to make an MSA or a master subcontract agreement. It's a document that has everything and the kitchen sink in it. You're throwing everything you can at that so that for each ensuing project you work together on after they sign it once, you can just issue a one-page notice to proceed under that same MSA.”  

Building that MSA can feel like a lot to put in one contract but, like with your clients, being thorough, purposeful and consistent in that documentation up front is key to legal success. As Trent put it, “In roofing and construction, if you show up to the job site and you do a good job and you do it consistently, you'll be successful. The same is true for managing your legal side. If you make your documents purposefully thorough and are consistent in making sure everyone is signed off, you not only will be controlling your business operationally, but also contractually. And like on the job site, doing that will lead you to success.” 

Want more legal advice from Trent? Listen to the whole RLW!

By Emma Peterson. 

Trent Cotney dives into legal updates for contractors in the latest Cotney Brief.  

As we move further into 2026, it becomes clear that the uncertainty of the past few years is still very much with us. From geopolitics impacting supply chains and international trading to domestic labor challenges and changing regulations, there’s a lot to keep up with. Luckily, Trent Cotney, a lawyer and partner at Adams and Reese, has made it easy to keep up with all the changes through his monthly updates – the Cotney Briefs. Here’s what he shared in the March edition.  

1 – Independent Contractor Test 

At the end of February, the Wage and Hour Division of the U.S. Department of Labor (DOL) proposed the rescinding of the 2024 independent contractor rule and the return to a modified version of the 2021 rule. At its core, this proposal is a move towards returning to a narrower independent contractor test.  

What this means for contractors: If this rule were to pass, it would impact “overtime exposure, minimum wage obligations, recordkeeping and potential litigation risk under the Fair Labor Standards Act.” However, this is still only a proposed change. Until a final rule is adopted, contractors should focus on reviewing their subcontractor relationships, agreements and documentation.   

2 – Supreme Court tariff ruling 

Recently, the Supreme Court looked at the Learning Resources, Inc. v. Trump and the consolidated V.O.S. Selections cases. These cases were challenging the tariffs that the Trump administration imposed under the International Emergency Economic Powers Act (IEEPA). The Supreme Court held that IEEPA does not give the Presidential administration the authority to impose tariffs. Rather, that responsibility and authority belongs to congress under Article I.  

What this means for contractors: This ruling does not eliminate all presidential tariff authority, especially as there are many other trade statutes that may provide pathways to presidentially authorized tariffs, it does place a significant limit on it. For contractors, this is a reminder that “tariff-related cost shocks may depend as much on statutory authority as on politics.” 

3 – Electronic communication and authorization 

In the digital era, it is becoming increasingly rare to get an in-person signature on every document. Instead, contractors often have extensive digital records of electronic customer communications and authorizations. In many ways, this has made the entire construction process more efficient, as things like quotes, change orders, approvals, scheduling updates and payment communications can be processed and approved faster.  

However, contractors must be aware that if they do not address whether these communications are binding in their contracts, they can end up in a dispute about what was actually authorized and/or approved. 

What this means for contractors: Avoiding this type of dispute is as simple as including an electronic communications and eSignature clause in your contracts. Trent recommends something similar to the following:  

The parties agree that this Agreement, any change orders, work authorizations, notices, approvals, invoices, waivers and other project-related communications or documents may be transmitted, executed and stored electronically. Electronic signatures, including signatures affixed through recognized electronic signature platforms and approvals transmitted by email or other agreed electronic means, shall be deemed valid and enforceable to the fullest extent permitted by applicable law and shall have the same force and effect as original handwritten signatures.  

The parties further agree that electronically stored copies of this Agreement and related Project documents shall be admissible for all purposes and may be relied upon as if they were original documents. Each party is responsible for maintaining accurate contact information for its authorized representatives and for safeguarding access to its electronic communication systems and signature tools. No party shall deny the validity or enforceability of a document solely because it was transmitted or executed electronically. 

4 – TCPA compliance 

The Telephone Consumer Protection Act (TCPA) was made to protect consumers by restricting “telemarketing calls and texts made with an automatic telephone dialing system or an artificial or prerecorded voice.” To adhere to this act, the FCC requires express written consent from the consumer to receive telemarketing messages. This act also gives the consumer revocation rights, allowing them to revoke consent for messaging in any reasonable manner.  

What this means for contractors: For contractors who rely on calls and text messages for lead generation, appointment confirmation and more, it is important to “use clear written consent language, maintain opt-out procedures, scrub calling lists and train employees on when a communication crosses the line into telemarketing” in order to stay compliant.  

Read the full brief online.