Nearly 50 business, labor, and civic organizations formed Build More New York to push for reform of the Scaffold Law.
The coalition backs the Infrastructure Expansion Act, which would preempt the law for federally funded projects.
Supporters say reform could cut construction costs by up to 10%, lower insurance premiums, and speed housing and infrastructure delivery.
Nearly 50 statewide business, labor, and civic organizations formed the Build More New York coalition, pressing Congress to reform New York’s 140-year-old Scaffold Law, which industry leaders say inflates costs and restricts growth.
The Real Estate Board of New York (REBNY) said in a Sept. 4, 2025, press release that the absolute-liability statute “continues to drive up costs, stifle investment and make building projects in the state significantly more expensive.”
The group is rallying around Rep. Nick Langworthy’s Infrastructure Expansion Act (H.R. 3548), which would federally preempt the law for projects using federal dollars. The bill would replace New York’s absolute liability statute (the only state with such a law) with the comparative negligence standard used elsewhere.
The Scaffold Law, which originated in 1885, imposes strict liability on property owners and contractors for elevation-related injuries, regardless of worker fault. A 2021 Building Trades Employers Association (BTEA) report estimated that it increases project costs by about 10%.
“Every union contractor in New York will tell you the same thing: the Scaffold Law is crushing their businesses by driving insurance costs to the highest in the nation,” said Elizabeth Crowley, president of the BTEA. “Congressman Langworthy’s bill is a lifeline.”
Other leaders echoed the cost concerns, stating that many insurers have fled New York, premiums are up 300% compared to other states, and taxpayer-funded projects like schools, bridges, and housing are held back by the law.
Support comes from groups across the state, including the Associated General Contractors of New York State (AGC NYS), the Business Council of New York State, the Real Estate Board of New York, the National Electrical Contractors Association, and regional chambers of commerce.
“The outdated law has fueled New York’s affordability crisis; every New Yorker has been paying to enrich unscrupulous trial lawyers at the expense of rebuilding critical infrastructure,” said Mike Elmendorf, president and CEO of AGC NYS.
Trade workers at a New York commercial construction project on a scaffold. Image: Shutterstock
Opponents of the Scaffold Law argue that it has not improved safety. The REBNY said New York’s construction injury and fatality rates remain above average, while Illinois saw fatalities decline after repealing a similar law in 1995.
The BTEA noted that the law has been linked to higher claim activity, with ABC News reporting staged accidents and a 2022 Chubb analysis showing that large bodily injury claims occurred more than 30 times as often in New York as in other states between 2012 and 2019.
According to the Rockefeller Institute, the law adds $785 million annually to public construction costs. Reform advocates say savings could be redirected into infrastructure, housing, and education.
According to the General Contractors Association of New York, the Infrastructure Expansion Act (H.R. 3548) could save New Yorkers an estimated $2 billion over the next decade by limiting the law’s reach to federally funded projects.
The coalition hopes federal action will pressure state lawmakers in Albany to repeal the Scaffold Law altogether. “This is about fairness and about ensuring New York taxpayers get more schools, more housing, and more infrastructure for their dollar,” said John Ravitz of the Business Council of Westchester.
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