Business and Civic Leaders Launch Statewide ‘Build More New York’ Coalition to Support Jobs, Construction, & Development by Reforming Antiquated Scaffold Law
Nearly 50 groups seek to reform the only-in-New York Scaffold Law, which leads to skyrocketing construction costs while doing nothing to improve worker safety – a key hurdle to building housing and key infrastructure statewide
Representative Nick Langworthy’s Infrastructure Expansion Act would preempt Scaffold Law and apply the liability standards used in every other state, saving taxpayers money and helping projects move forward
NEW YORK (September 4, 2025) - Nearly 50 business and civic organizations today announced the formation of the Build More New York coalition to support jobs, construction and development across the state by reforming the outdated Scaffold Law. Build More New York is rallying around Rep. Nick Langworthy’s Infrastructure Expansion Act, which will preempt the Scaffold Law for federally funded projects and promote the development of critical infrastructure such as housing, roads, bridges, tunnels and schools that support jobs and New York’s economy.
New York is the only state in the country that imposes an absolute liability standard on property owners and contractors for gravity-related injuries at construction sites, a prohibitive policy that increases overall construction costs by ten percent according to a 2021 report by the Building Trades Employers Association (BTEA). The law has driven insurers out of the market, reduced competition, and raised premiums, making it even harder to develop housing and other essential infrastructure projects in an already challenging environment. The Infrastructure Expansion Act, introduced by Representative Langworthy as H.R. 3548, offers a targeted solution by ensuring that projects in New York use the same liability standard as in every other state. This would remove outdated regulatory barriers dating from 1885 that drive up construction costs, hinder housing and infrastructure development, and limit opportunities for economic growth across the state.
"To build a better tomorrow — literally — we need to take action today,” said Bob Duffy, President and CEO, Greater Rochester Chamber. “Greater Rochester Chamber is proud to be part of this coalition that seeks to find solutions to reducing construction costs so we can deliver on the housing and economic promises all New Yorkers deserve. Thank you to Rep. Langworthy for your leadership on this. We look forward to working alongside all of our partners at the state and local level to help achieve the growth our communities need."
Wide Economic Consequences
Statewide, construction employment is 6 percent below pre-pandemic levels. While 40 states added construction jobs last year, New York lost nearly 7,000 – the largest drop nationwide. The Scaffold Law deters job creation, slows infrastructure progress, and discourages investment. Reform would free up public funds and accelerate project delivery.
Heavy Costs to Taxpayers
According to a 2014 study by the Rockefeller Institute, a nonpartisan public policy research organization, the Scaffold Law adds about $785 million annually to public construction costs. These inflated expenses reduce the number of schools, roads, transit systems, and housing units that can be built. Instead of funding better infrastructure, taxpayer dollars are redirected into settlements, insurance premiums, and litigation costs that wouldn't exist under a comparative system.
No Evidence of Improved Safety
Construction workers in New York are no safer than workers in other states. For example, on the Goethals Bridge, injury claims were twice as high on the New York side as on the New Jersey side, despite identical conditions. New York’s injury and fatality rates exceed those in most states. After Illinois repealed a similar law in 1995, construction fatalities declined, indicating reform can enhance safety.
Fraudulent and Frequent Claims
The law has led to an epidemic of staged accident fraud perpetrated by unscrupulous lawyers and medical professionals, documented by investigative reporters at ABC News. Chubb data from a 2022 report indicates that bodily injury general liability claims greater than $250,000 in value occur in New York more than 30 times more frequently than in other states from 2012 to 2019. This high frequency drives up costs while creating ample opportunities for bad actors to exploit the system.
Insurance Market Disruption
The law has driven many national insurers out of New York, concentrating the market among a few providers. The 2021 BTEA report found that New York State’s average rates are over 300 percent higher than in other states. This cost increase affects all construction levels, from subcontractors to major public works, making it significantly more expensive to build in New York.
Reforming the Scaffold Law will support a more efficient and cost-effective construction system in New York. Representative Langworthy’s Infrastructure Expansion Act will create a more sensible liability standard in New York and Build More New York urges representatives to support this bill and champion economic development in the state. Enactment of preemption on federally funded projects may finally force Albany to repeal the scaffold law for all construction activity within the state.