Supporters Push Scaffold Law Reform in New York

Advocates say the state's construction liability rule is driving insurance costs higher for property owners and contractors.

Updated on Nov. 3, 2026 in Construction

Supporters Push Scaffold Law Reform in New York

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Supporters pushed for reform of New York's Scaffold Law, which holds general contractors and property owners fully liable for gravity-related construction injuries. Enterprise Community Partners released a report on rising insurance costs in New York this week.

Why it matters

The Scaffold Law is the only law of its kind in the state, and its liability standard is cited as a factor in rising premiums for construction and property owners. Some insurance carriers have clauses prohibiting policies in New York, which may shrink the pool of underwriters.

Enterprise Community Partners, which oversees roughly 200 properties in New York, reported a 169% rise in insurance costs between 2018 and 2025. The Building Trades Employer Association reported that New York insurance costs run two to five times higher than in other states, and it is unclear how much of that gap reform would close.

The players

Enterprise Community Partners

A national nonprofit housing organization that oversees roughly 200 properties in New York and released a report on rising insurance costs.

Andrew Cuomo

A former New York governor who opposed changing the Scaffold Law roughly a decade ago.

The details

The Scaffold Law holds general contractors and property owners fully liable for gravity-related injuries on construction sites. A reform package presented in a Department of Housing Preservation and Development outline would introduce comparative liability, dividing responsibility among parties, and would cap plaintiff damage awards and require disclosure of third parties funding personal injury cases.

Roughly a decade ago, former Gov. Andrew Cuomo opposed changing the Scaffold Law.
In 2025, the Building Trades Employer Association reported New York insurance costs two to five times higher than other states.
Between 2018 and 2025, Enterprise insurance costs rose 169%.
On November 3, 2026, Enterprise released its insurance cost report.

Construction Liability Debate

New York's Scaffold Law, the state's only statute imposing full liability on contractors and owners for gravity-related injuries, has been the focal point of repeated reform efforts, most recently in the Hochul administration's acknowledged review. The current push places the law's liability standard against rising premiums for property owners such as co-op and condo boards.

Co-op and condo boards in New York City face rising insurance costs partly tied to the Scaffold Law's liability standard. Reform proposals could change how liability is divided and how damages are capped, which would affect premiums those boards pay.

The takeaway

Property owners and contractors in New York should watch whether the proposed comparative liability and damage-cap package advances, since it could reshape insurance premiums across the construction sector. Boards and builders can track insurance renewal notices closely in the meantime.