A&R Construction Team Leader Provides Industry Updates in “October 2025 Cotney Brief”

Adams & Reese Construction Team Leader and Partner Trent Cotney authored his monthly column, “The October 2025 Cotney Brief,” published in RoofersCoffeeShop. Cotney’s column keeps contractors current on legal issues impacting the roofing industry, including permit changes, policies, tariffs, immigration, and more.

In the October write-up, Cotney discussed how the Department of Transportation’s Interim Final Rule, which took effect on Oct. 3, removes “race/sex presumptions from DBE/ACDBE eligibility” and calls for immediate reevaluation of Unified Certification Programs (UCP)’s DBEs/ACDBEs. 

“If you do work funded by DOT (such as road facilities, transport depots, etc.) expect to see a pause on project-specific DBE goals as UCP reevaluates,” writes Cotney. “In general, contractors should proceed with caution on bids tied to DBE participation goals as certifications are currently up in the air.”

In other news, the California Court of Appeal affirmed the dismissal of a subcontractor’s suit in American Building: Innovations v. Balfour Beatty Construction. The dismissal came from the court’s conclusion that “the subcontractor’s license suspension triggered by a lapse in workers’ compensation insurance barred it from recovering under Business & Professions Code § 7031.” 

Cotney said: “The big takeaway of this case is the importance of maintaining proper licensing and insurance coverage. If these are not maintained, contractors face many risks including being “barred from recovery (and exposed to fee awards) if they fail to meet strict statutory requirements.” 

Cotney also advised contractors that a forum selection clause can be beneficial within agreements and is a powerful way to reduce uncertainty and discourage frivolous claims. A forum selection clause specifies the state, county, or court where any disputes are to be resolved. This is important to include as it defines where litigation will occur. Without it, contractors risk getting taken to court in other states or jurisdictions, which can dramatically increase the costs and complexities of the case. 

The final topic of Cotney’s October column was on builder’s risk insurance – the type of coverage that protects projects during the construction process. Unlike general liability, builder’s risk insurance is a form of first-part property coverage. This means that it “insures against damage to the project itself.” This is a great resource, but problems have been known to arise when contractors and homeowners misunderstand what is covered in the insurance, said Cotney.

Cotney gave an example of one of these issues, explaining, “Policies are typically purchased by the owner or general contractor, but subcontractors often assume they are included as insureds. In many cases, however, coverage only extends to those specifically named or who meet the policy’s definition of ‘insured.’” Other misunderstandings like what losses are covered and the period of time of coverage can cause more issues.  

“Builder’s insurance is a powerful safety net for construction projects, but only if it is understood what is covered,” he said. “Issues arise when there is unclear language or misunderstandings. The best way to avoid this is by being proactive. Trent recommends contractors “confirm insured status in writing, align contract terms with the policy, and monitor coverage throughout the project.” 

At Adams & Reese, Cotney is a leading member of one of the largest construction teams in the country with more than 90 attorneys licensed across more than 35 states. Cotney represents 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, and he is an EU arbitrator for construction-related disputes.

Cotney 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 construction and roofing trade associations and organizations, and he has published more than 1,000 articles in over 100 publications. Cotney recently published his fourth construction law book, Roofing Law: Contracts.