New York State Labor Law sections 240 / 241, known as the Scaffold Law, has created a litigious environment and made it difficult for contractors to obtain insurance. However, proposed legislation would reform the Scaffold Law on projects with federal funding. Could the bill pass? And what would it mean for the insurance market in New York?

When the coronavirus struck in early 2020, construction projects all around NYC were halted throughout April and May as officials scrambled to outline pandemic restrictions. Unfortunately, with strict lockdowns and safety guidelines required to slow the spread, the construction market in New York contracted by 3.8%, resulting in $9.8 billion in lost construction over the course of the year.

From the Empire State Building to the Freedom Tower and the Hudson Yards project, New York’s construction industry has earned a global reputation for innovation. That vibrant spirit, however, has been dampened by a unique labor law dating back to the 1880s governing falls at construction sites. Commonly referred to as the New York’s Scaffold Law, this section of the Labor Law has driven overall construction costs higher, sent insurance premiums soaring above levels for other states, and led some major carriers to leave the market altogether. Those challenges make it imperative to work with brokers specializing in this complex and constantly changing market.