Media Mention
Cotney Brief: Four Key Legal Developments for Contractors
Published: Jun 30, 2026
Florida permitting reform. Effective July 1, 2026, Florida's CS/CS/HB 803 reshapes building permit and inspection rules. Most notably, it exempts single-family dwelling owners and their contractors from obtaining permits for work valued under $7,500 and creates narrow exemptions for qualifying temporary hurricane and flood-protection barriers. Cotney urges Florida contractors to refresh their permitting checklists, particularly for small or temporary residential projects.
Damages in construction breaches. Cotney gives a case law update, citing Corotoman, Inc. v. Central West Virginia Regional Airport Authority, which concerned the flawed removal of a knoll at Charleston's Yeager Airport. The West Virginia Supreme Court clarified the measure of damages. The cost to complete a project governs, unless that cost is grossly disproportionate to the property's value. In that situation, diminution in value controls, and the breaching party bears the burden of proving disproportionality.
AI-assisted arbitration. Cotney highlights the AAA's new AI Arbitrator process, in which artificial intelligence summarizes submissions, organizes evidence, and prepares analysis before a human arbitrator reviews and finalizes the decision. He recommends that contractors adopt a provision designating this process as the Initial Decision Maker, enabling faster interim decisions while preserving later dispute-resolution rights.
California's demanding environment. Cotney reiterates that California remains among the toughest states for contractors, citing PAGA's representative-litigation exposure and AB 5's rigid worker-classification rules. His advice is to maintain a proactive compliance strategy spanning arbitration agreements, worker classifications, payroll practices, and safety programs.
The common thread is preparation: staying current on shifting rules and addressing risk before disputes arise.
View the full Cotney Brief here: THE COTNEY BRIEF | Construction Law Simplified June 2026
