New York’s unique Scaffold Law has long been a point of contention for contractors and property owners, largely due to its “absolute liability” standard. This standard holds owners and contractors fully responsible for gravity-related injuries on construction sites, even if worker negligence played a role. Consequently, liability insurance premiums in New York are significantly higher—around 30% more than in other states.
However, a new bill introduced by U.S. Rep. Nick Langworthy, R-N.Y., aims to bring a substantial change. This proposed legislation seeks to exempt federally funded construction projects from the stringent requirements of the Scaffold Law.
Why This Matters for Contractors
The construction industry, particularly in New York, has strongly advocated for reforms to the Scaffold Law. Contractors believe that shifting from an absolute liability standard to a comparative negligence standard—where fault is divided among parties—would lead to a considerable reduction in their insurance costs. The Associated General Contractors of New York State (AGC) supports this initiative, suggesting that such a change could ultimately lower the overall costs associated with public infrastructure projects.
The Impact of Comparative Negligence
Under a comparative negligence system, the degree of fault attributed to each party involved in an accident would be considered. While this change offers greater legal protection and financial relief for contractors, it also implies that injured workers might face a more challenging path to recovering full damages if they are found partially at fault.
This proposed bill represents a significant development in the ongoing debate surrounding New York’s Scaffold Law, potentially paving the way for a more balanced approach to liability in the construction sector, particularly for projects receiving federal funding.
Source: New York Scaffold Law change could offer contractors relief on federally funded projects from Construction Dive.
John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (631) 608-1346.
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