U.S. Rep. Nick Langworthy on Wednesday introduced legislation meant to reform New York’s liability law on federally funded projects, which he says would reduce taxpayer costs and promote more construction and jobs.
In a press release, the Republican congressman for the 23rd District said the Infrastructure Expansion Act would preempt state law and align New York with 49 other states that utilize a comparative negligence standard to assess fault when injuries occur on a construction site.
“This bill is urgently needed to preempt this broken liability standard on federally funded projects and get New York building again,” Langworthy said. “New York’s ‘Scaffold Law’ is a gift to trial lawyers and a burden on our construction workers and taxpayers, and it must change.”
Langworthy said the scaffold law increases total construction costs between 5% and 10%.
“This only-in-New-York law, dating from 1885, doesn’t protect workers and unnecessarily increases the cost for building roads and bridges, hospitals, schools, affordable housing, industrial facilities, and office buildings,” he said.
He noted the last state to have such a law was Illinois, which repealed its statute in 1995.
“Since Albany refuses to act, federal preemption is the only path to proceed,” Langworthy said, arguing that enactment will save at least $2 billion in federal tax dollars over the next 10 years.
The so-called scaffold law imposes absolute liability on property owners and contractors for elevation-related injuries — regardless of a worker’s own negligence. Critics argue it has made construction insurance skyrocket, driving up the cost of housing, schools, and infrastructure across the state.
Langworthy said New York’s law has also resulted in significant fraud through staged-accident lawsuits, citing an ABC News report on construction and legal fraud and their connection to the scaffold law.
Original co-sponsors of legislation include Republican New York Reps. Claudia Tenney and Elise Stefanik.
Langworthy’s office said groups that support the legislation include the American Council of Engineering Companies of New York, Associated Builders and Contractors of New York State, Associated General Contractors of New York, Associated General Contractors of New York State and several other organizations.
“This legislation is necessary for all future development projects in New York state because it addresses the biggest ongoing concern we hear from our businesses: affordability,” said Heather Mulligan, president and CEO of the Business Council of New York State, Inc.
“Congressman Langworthy’s bill is critical to ensure key economic development projects remain affordable, such as reconstructing Penn Station and bringing high-paying jobs and economic growth to Syracuse through Micron,” she added.
REP ANNOUNCES $2.4M FOR HEAD START
Langworthy also recently announced that Cattaraugus County has been awarded nearly $2.4 million by the U.S. Department of Health and Human Services for Head Start Inc.
“Head Start programming is a tremendous resource to working Cattaraugus County families and this funding will ensure children have the best opportunity to learn and be nurtured.” he said. “I am excited to see this program flourish with federal assistance.”
The congressman’s office indicated Head Start is based on the premise that all children share certain needs and that children of income eligible families can benefit from a comprehensive developmental program to meet those needs.
The program maximizes the strengths and unique experiences of each child. The family, which is the principal influence on the child’s development, is a direct participant in the program, Langworthy said.
