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Brief of diving:
- A bill of the North -American Representative Nick Langworthy, RN.Y., Federally exempt funding projects From New York State State State Bastid Law has a realistic path, most likely as part of a larger legislative package, such as the next Federal Surface Surface Transport Law, said Mike Elmendorf, President and CEO of the General Contractors Associated with New York State.
- The bill could reduce liability insurance premiums by more than 30% for contractors operating in the state, according to Elmendorf, where builders say The rules of absolute liability have inflated the costs of the project.
- The proposal comes when Congress begins to work on the next re -authorization of surface transport, which will replace the Law on Investment and Infrastructure jobs expires in 2026.
Divide vision:
The New York scaffolding law, a safeguard for high -risk construction work, imposes absolute responsibility on owners and contractors on injuries related to gravity, regardless of the negligence of a worker. A change to a standard of comparative negligence, which divides the failure between the parties, would give contractors more legal protection, but would make it harder for injured workers to recover full damage.
Proposed legislation could significantly reduce the Cost of Public Infrastructure Construction In New York, according to the AGC.
For example, for a general liability coverage of $ 20 million in New York, a company reported to pay $ 6.54 for $ 1,000, which is 31.3% higher than they usually see in other states. For carpentry work, premiums can reach $ 17.37 for $ 100 for payroll, compared to $ 3.19 in a more stable market like North Carolina, said Elmendorf.
“It is substantial. The cost of construction increases, which translates into less construction, less construction jobs,” said Elmendorf. “In particular, it hurts for smaller contractors and MWBE companies who, in many cases, cannot obtain or allow the liability insurance they would need.”
Elmendorf stated that the Bastides Act added more than $ 200 million to the budget of the Mario Cuomo Bridge Project.
However, security proponents warn that diluting the New York Bastic Law would make it difficult for workers to recover damage. Changes to absolute responsibility would reverse the Safety gains in recent years and put workers with an even greater risk of injury, according to a Report by Leitner Varughese WarywodaA law firm based in New York City.
“By maintaining the owners and contractors strictly responsible for the dangers related to elevation, the scaffolding law creates a powerful incentive to invest in security,” says the report. “This preventive effect is proved that New York jobs are safer than they would be under a standard of negligence.”
But Elmendorf turned against these concerns, saying that the current standard penalizes even the conscious security contractors while recently improving the conditions of the site.
According to the rule of absolute liability, contractors are fully responsible for serious injuries, even if a worker ignores security protocols, unless the worker is the only next cause of the incident.
“There is no evidence that they suggest that this makes construction sites safer,” Elmendorf said. “In fact, he treats the unscrupulous contractor, if they end up in court, just as the contractor who does everything well. He is wrong.”