The Daily Dirt: Scaffold law enters the chat

"The scaffold law holds owners and general contractors fully liable for gravity-related injuries on construction sites. Opponents have long argued that it drives up construction costs, while proponents say it is critical to ensuring worker safety. The Building Trades Employers' Association estimates that insurance makes up 8 to 10 percent of total construction costs, compared to other states that use a comparative negligence standard where it represents 2 to 4 percent."

"A bill proposed by Rep. Nick Langworthy, the Infrastructure Expansion Act, would preempt the scaffold law on projects that receive federal funding, meaning that a comparative negligence standard would apply instead of absolute liability. This would have major implications for housing projects, as it would apply to those receiving federal low-income housing tax credits."

New York's scaffold law imposes full liability on owners and general contractors for gravity-related injuries at construction sites, substantially raising construction costs compared to other states using comparative negligence standards. Insurance costs represent 8-10 percent of total construction costs in New York versus 2-4 percent in comparative negligence states. Housing advocacy groups support modifying the law to exclude affordable housing with regulatory agreements. At the federal level, the Infrastructure Expansion Act proposes preempting the scaffold law on federally-funded projects, applying comparative negligence standards instead. This change would significantly impact housing projects receiving federal low-income housing tax credits. Despite attention to housing affordability, state-level momentum for reform appears limited, particularly during an election year.

Read at therealdeal.com