Article
Cotney Examines Project Pitfalls, Delivery Challenges in Mass Timber Construction
Published: Aug 5, 2025
Mass-timber has become a popular building material in the American West, thanks to recent changes in building codes that now allow for structures up to 18 stories tall. However, this growth has also exposed architects, builders, and owners to new legal and contractual risks, and a lack of code uniformity across different jurisdictions can lead to permitting delays and conflicts between national product evaluation reports and stricter local amendments.
“Mass‑timber has shifted from niche experiment to a mainstream structural option in the American West,” writes Cotney. “Code changes that now permit timber towers up to 18 stories have opened a robust market, but those same changes expose project teams to unfamiliar legal and contractual hazards."
Cotney’s article surveys the most frequent delivery pitfalls and offers risk‑management tactics for architects, builders, and owners, amidst these challenges and concerns. For instance, Cotney says to mitigate these issues, project teams should clearly define what products are acceptable and account for potential upgrades required by local authorities.
Another significant risk area is supply chain management as mass-timber components, such as cross-laminated timber (CLT) panels and glulam columns, often have international supply routes. Although delays have improved since the pandemic, they still present a major scheduling risk due to factors like mill capacity and wildfires.
Cotney advises that contracts should explicitly name critical mass-timber components in force majeure clauses and that project schedules should include fabrication milestones to ensure production is verified before payment. He also highlights the importance of protecting the timber from moisture on-site, recommending a roof-first construction approach and daily moisture monitoring to prevent swelling, delamination, and fungal growth.
“Tall‑wood construction delivers compelling environmental and aesthetic benefits, yet its novelty amplifies ordinary delivery risks,” writes Cotney. “Mapping amendments early, aligning product approvals with local fire‑protection nuances, documenting moisture control, and addressing insurance hurdles at project inception allow Western project teams to embrace mass‑timber innovation without stumbling into avoidable legal pitfalls.”
At Adams & Reese, Cotney is a leading member of one of the largest construction teams in the country with more than 90 attorneys licensed to practice construction law across more than 35 states. A Partner in the Adams & Reese Tampa office, Cotney represents construction and infrastructure clients, including GCs, subcontractors, suppliers, manufacturers, architects, engineers, roofers, developers, and other professionals. Cotney is a board-certified construction lawyer licensed in eight states and Washington, DC. Cotney is an EU arbitrator for construction-related disputes. He is also experienced in construction litigation and arbitration, including OSHA defense, lien law, bond law, bid protests, and construction document review and drafting.
Cotney serves as general counsel for more than 10 trade associations and organizations, including the National Roofing Contractors Association, Florida Roofing & Sheet Metal Association, National Slate Association, Roofing Technology Think Tank, Western States Roofing Contractors Association and several other industry associations. Cotney has published more than 1,000 articles in 100 different local, regional, and national publications. Cotney recently published his fourth construction law book, Roofing Law: Contracts.
