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New Report Says N.Y.’s Scaffold Law Drives Up Construction Insurance, Draining Billions From Projects

An industry-commissioned analysis challenges New York’s unique absolute-liability scaffold standard as a driver of higher construction insurance costs.

Overview

  • HR&A Advisors and the Building Trades Employers’ Association released a Dec. 10 report using proprietary data that links the Scaffold Law’s absolute-liability standard to insurance costs 200%–500% above peer states.
  • The study estimates premiums now absorb 8%–10% of New York development budgets versus 2%–4% elsewhere, diverting funds from public works and private building.
  • Project-level modeling cites potential savings of up to $560 million on the Penn Station redevelopment and up to $550 million on Second Avenue Subway Phase 2, with the MTA singled out for heavy insurance burdens.
  • The analysis includes a Bronx affordable housing example with $15 million to $30 million labeled as wasted premiums and alleges widespread staged-accident litigation inflates costs.
  • Supporters of the law, including labor leaders, call it essential for worker safety, while proposals under discussion include Rep. Nick Langworthy’s bill to exempt federally funded or permitted projects; Gov. Kathy Hochul’s office had not commented in the cited coverage.