Practice Profile Trenton Hugh Cotney is Florida Bar Certified in construction law. His practice includes litigation and arbitration, O.S.H.A. defense, bid protests, lien and bond law, claim defense and preparation, construction contract drafting and revision, and contractor license complaint defense. Mr. Cotney is a member and General Counsel to the FRSA. He is also a member and director of the Tampa Bay FRSA affiliate, the West Coast Roofing Contractors of Florida (WCRCA). Litigation and Arbitration: Mr. Cotney's practice includes all aspects of construction litigation and arbitration including defending and bringing claims involving defective workmanship, mold, toxic torts, sick building, contract disputes, negligent design, delay, owner interference, overzealous inspection, cardinal change, termination for convenience, construction liens, and construction payment and performance bonds. O.S.H.A. Defense: Mr. Cotney provides defense to construction clients who have been cited by O.S.H.A. including providing preventative advice and defending contractors against O.S.H.A. citations and complaints. Bid Protests: Mr. Cotney has prepared bid protests on behalf of contractors, subcontractors, architects, and engineers against all levels of state government including county, municipality, and state governments. Lien and Bond Law: Mr. Cotney prepares construction liens and payment and performance bonds for clients as well as litigates issues arising from construction liens and bonds. Claim Defense and Preparation: Prior to the initiation of litigation and arbitration, Mr. Cotney assists clients with the defense or preparation of contruction claims. Construction Contract Drafting and Revision: Mr. Cotney drafts, reviews, and revises all types of construction contracts including AIA contracts, development agreements, standard subcontractor and supplier terms and conditions, equipment leases, supply agreements, fixed price construction contracts, cost plus construction contracts, and time and materials construction contracts. Contractor License Complaint Defense: Mr. Cotney defends contractors against complaints filed with the Department of Business and Professional Regulation (DBPR) and has successfully defended contractors in front of the Construction Industry Licensing Board (CILB). Primary Industries Served - Roofing, Siding & Sheet Metal Work
- Commercial Building Construction
- Residential Building Construction
- Highway & Street Construction
- Heavy Construction, Site Work
- Underground Drainage and Utility
- Landfill Construction
- Plumbing, Heating & Air-conditioning
- Masonry, Stonework & Plastering
- Concrete Work
- Engineering & Architectural Services
Work Experience - Glenn Rasmussen Fogarty & Hooker, P.A., Tampa, FL, 2000 to present, shareholder in the construction law group.
- Ruden, McCloskey, Smith, Schuster & Russell, Tampa, FL, 1999 to 2000, associate in commercial litigation practice group including construction law matters.
- Ruden, McCloskey, Smith, Schuster & Russell, Ft. Lauderdale, FL, 1997 and 1998, clerk in construction law practice group.
Bar Admissions: - Florida, 1999
- Florida Bar Certified in Construction law, inaugural class, 2005
- U.S. District Court Middle District of Florida, 1999
- U.S. District Court Northern District of Florida, 2007
- U.S. Court of Appeals 11th Circuit, 2007
- U.S. Supreme Court, 2007
Education: - Vanderbilt University, J.D., 1999 (Moot Court Board Executive Council, Dean's List, Best Brief Award)
- Vanderbilt University, B.S. summa cum laude with high honors in political science, 1996 (Phi Beta Kappa, Dean's List)
- Certified Contractor Continuing Education Provider with the Department of Business and Professional Regulation, State of Florida, 2004 to present
Honors and Distinctions: - 40 under 40, Gulf Coast Business Review, 2007
Published Works: Mr. Cotney is a regular monthly columnist for the WCRCA and has published more than 60 articles in five different publications including: - Negligent Design Liability, Ditchmen, May 2000
- Disclaimer of Warranties Under the Uniform Commerical Code, Ditchmen, October 2000
- Differing Site Conditions, Ditchmen, November 2000
- Problems with Using the Total Cost Method of Calculating Damages, Ditchmen, February 2001
- Excusable Delays, Compensible Delays and Liquidated Damages, Ditchmen, June 2001
- The Notice of Commencement, Ditchmen, July 2002
- Damages for Defective Workmanship, Ditchmen, August 2002
- Three Ways to Prevent Mold Claims on Construction Project, SMRSMCA Newsletter, December 2002
- Lien Law Pitfalls: Contractor's Final Affidavit, WCRCA Newsletter, July 2003
- Construction Liens and the Last Day of Work, Florida Forum, February 2004
- Understanding Arbitration, Florida Forum, May 2005
- Paper Trail, WCRCA Newsletter, November 2005
- Owner Inspections and the Recovery of Costs, WCRCA Newsletter, April 2006
- Defending Contractor Licensing Complaints, Florida Construction News, May 2006
- Mitigation Affidavits, WCRCA Newsletter, April 2007
- Legislative Changes 2007, Florida Forum, July 2007
Classes/Seminars Taught: - Notice Provisions and Disclaimers, WRCRA, monthly meeting, Tampa, FL, September 2002
- Reduction and Prevention of Mold Litigation, SMCRCA Conference, Sarasota, FL, November 2002
- Legal Issues Pertaining to Mold, FRSA Annual Convention, Orlando, FL, July 2003
- Construction Contract Provisions, WCRCA Continuing Education Seminar, May 2004, May 2006, Tampa FL.
- Florida Construction Lien Law, WCRCA Continuing Legal Education Seminar, May 2004, May 2006, Tampa, FL
- Understanding Construction Contracts, Contractor Continuing Education Seminar, November 2006, Tampa, FL.
- Contractor Construction Liens, Contractor Continuing Education Seminar,February 2007, Tampa, FL.
- Contracts and Defective Design/Defective Construction, FRSA DBPR Business Practice Seminar, April 2007 Daytona, Tampa, and West Palm Beach, FL.
- Construction Contracts, Marion County Continuing Education Seminar, May 2007, Ocala, FL.
- Defective Design and Construction, FRSA Annual Convention, June 2007, Orlando, FL.
Professional Associations and Memberships: - Academy of Florida Trial Lawyers (1999--2000).
- Underground Utility Contractors of Florida (UUCF) (2000 to present).
- University of Tampa Board of Counselors (2002-2005).
- West Coast Roofing Contractors' Association (WCRCA) member (2002 to present), director (2004 to present).
- Florida Roofing, Sheet Metal, and Air Conditioning Contractors' Association (FRSA) member (2003 to present), board committee member (2004 to present), General Counsel (2006 to present).
- Refrigeration and Air Conditioning Contractors Association (RACCA) (2006 to present).
- Hillsborough County Bar, Construction Law Section (2004 to present).
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