By Emma Peterson. 

Employment attorney Benjamin Briggs answers common roofing labor classification questions. 

Recently, Benjamin Briggs of Adams and Reese stopped by The Coffee Shops™ for an episode of Roofing Road Trips®. Benjamin is a board-certified labor and employment attorney with over a decade of experience helping roofers navigate employment laws. He shared, “I've been practicing law for maybe 15-16 years now. But for the last decade, I've pretty much exclusively been a labor and employment attorney for roofers, about 90% of my clients are roofers.” 

And over that decade of work focusing on roofing, Benjamin has fielded almost every question related to employment law that could come up. Here’s his answers to some of the most common ones.  

Why is roofing employment law so complicated?  

There are a couple factors that Benjamin highlighted to answer this question. For one, 90% of roofing employees are non-traditional. He explained:  

Roofing industry professionals are not your traditional in-office workers. They're project managers, superintendents, salespeople, field crews, etc. You have a dynamic where with some of these workers where there's just not as much daily contact. There's not as much oversight and it's easy for some things to be lost in communication, whereas in other industries you've got the bulk of your employees in the same office. 

Two, roofing is really unique. Benjamin elaborated, “A lot of different things can come into play with roofers that are somewhat unique to that industry, things like OSHA issues, workers comp situations, immigration challenges, work authorization, ICE issues, language barrier, etc.”  

So, when you combine these unique situations with that non-traditional structure, it creates a complex employment landscape to navigate legally.  

Who is conducting employment audits?  

Another common question Benjamin gets is, “Who is looking into my employment records? Who’s auditing companies looking for mistakes?” Like the other question, there are multiple answers. Benjamin shared:  

[Audits] can happen a lot of different ways. One that I’ve seen commonly is a crew member gets injured, hires a workers comp attorney and that attorney gathers documentation, realizes that their client is misclassified and expands from there...It could be a worker who gets let go, they're upset and they see an ad from an attorney asking them if they’re being paid for OT and they call the number. Then, that attorney looks into everything and if they’re misclassified, you have a lawsuit...I’ve also seen the Department of Labor conduct audits, some triggered by things like IRS issues and others that are completely random. 

What can roofers do to ensure their employment practices are compliant?  

With the combination of such a complex landscape and so many ways issues can arise, employment law can feel like a bit of a minefield for roofers. But just because it’s a challenge to navigate, doesn’t mean it’s impossible. Benjamin highlighted some of the first steps roofers can take to protect themselves from employment law issues and misclassifications:  

The first step is to reach out to an experienced employment attorney. Think of it like a health issue, I’m not going to try to solve it on my own, I’m going to seek out a doctor and specifically one that specializes in whatever area I need. That’s what an experienced employment attorney can do for your business – they are specialized in helping roofers like you understand the issues, navigate the options and build a productive game plan. 

Want to learn more about employment law? Listen to the full podcast or Watch the recording of the whole conversation with Benjamin. 

By Emma Peterson. 

Attorney Kyle Rea answers common questions about getting a roofing contracting license.  

In a new episode of Roofing Road Trips®, Megan Ellsworth had the chance to sit down with Kyle Rea, an attorney from Adams and Reese law firm, to ask him some of the most pressing questions roofing contractors often have about licensing.  

Do I need a license?  

It might sound like a basic question, but it is an important one, and the answer is a bit more complicated than you might think. Kyle explained: 

It's important to know what the laws are in the state that you're doing business. There are some states that have really overarching, strict licensing laws when it comes to roofing. And there are other states where it is totally the wild, wild west, and they don’t even require a license. 

The crucial thing to understand is that licensing laws are based on where projects are, not where you are headquartered. As Kyle put it, “You gotta be careful. If you operate out of one state and start inching closer to another state, you have to know their requirements. Because you could be doing something perfectly okay in the one state and totally wrong for the other state.”  

How do you keep up with the different requirements? Kyle recommends calling building departments. He explained, “They're going to give you the stock response of ‘I'm not an attorney and I can't give you legal advice,’ but they can still give you resources that you can utilize to kind of make that determination.” Licensing board websites are also a great resource.  

If not every state requires them, why are licenses important?  

Kyle shared some thoughts:  

In the states that require it, it is essentially your permission slip to work. And not only does it outline that you can work, it also outlines what you can do...So you might be doing roofing, that might be the predominant major portion of the contract that you're engaged in, but if you find yourself kind of inching towards these other different trades, that could potentially get you in hot water. 

This might seem frustrating from the contractor's perspective, but it is often something that protects homeowners from bad actors looking to make a quick buck. At their core, licensing laws are consumer protection; their goal is to make sure that people can trust that the contractors they’re hiring are conducting their business in a strict and proper manner. 

What happens if you make a mistake with licensing?  

If you’re caught without a proper license or working beyond the bounds of your license, a range of issues can arise, from being held administratively responsible to criminal charges. Kyle explained:  

A state licensing board can come in and say, ‘hey, you overstepped your bounds.’ And this can lead to everything from your contract being voided, fines being posted against you, a revoking of your license, the placement of your operations on probation, etc. And in some cases, it can escalate even further, I think in every state other than New York, unlicensed contracting is considered a crime.  

How do I make sure all my licensing ducks are in a row?  

So, how do you avoid running into contracting license issues? First and foremost, make sure you’re following Kyle’s earlier advice and do your research about what you are required to have to work in different areas. Second, make sure that you’re aware of common pitfalls and friction points, such as:  

• Subcontractor licensure: Similar to contractor licenses, the rules for subcontractors can vary between states, but, according to Kyle, in general, “The majority of states are going to require that a subcontractor also be licensed to perform the work that you are asking them to do. So, it's not enough just for you to have a roofing license, but if a roofing license is required, your subcontractors also have to have those licenses.” 
• Scope creep: We’ve all had projects where customers just add ‘one more thing’ to the plan. This is normal, but Kyle highlighted that it is important that when they ask, “You take a moment to ask yourself, ‘Does this work that I'm being asked to do that may not necessarily be within the purview of what I normally do on a day-to-day basis? Does this require different licensure?’ And if it falls out of your license, you need to be confident and offer them a referral to someone else rather than just doing it yourself.” 

Listen to the whole episode or Watch the recording to learn more about navigating licensure. 

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!