Source: US Congressman Nick Langworthy (NY-23)

WASHINGTON, D.C. – Today, Congressman Nick Langworthy (NY-23) introduced the Infrastructure Expansion Act, which would reform New York’s antiquated liability law on federally funded projects, reduce taxpayer costs, and promote more construction and jobs in our state.  This legislation will preempt state law and align New York with 49 other states which 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,”said Congressman Langworthy. “New York’s Scaffold Law is a gift to trial lawyers and a burden on our construction workers and taxpayers, and it must change.” 

 

“It is estimated that 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.

 

“The last state to have such a law was Illinois which repealed its statute in 1995.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.  Enactment of this law will save at least $2 billion in federal tax dollars over the next 10 years and significant savings to state taxpayers. 

 

“My hope is that this law if enacted will finally force Albany to reform this law, saving millions each year in construction costs to build schools, residential housing, and other projects which are not typically funded by Washington. Significant technology projects, such as Micron outside Syracuse and other projects all throughout New York State would see a reduced cost of construction,” continued Langworthy.

 

New York State’s outdated Scaffold Law imposes absolute liability on property owners and contractors for elevation-related injuries—regardless of a worker’s own negligence. This unique-to-New York mandate has made construction insurance skyrocket, driving up the cost of housing, schools, and infrastructure across the state. New York’s law has also resulted in significant fraud as staged accident suits have flooded the courts. This situation was recently documented in an ABC News national story on construction and legal fraud, most of which occur in New York State due to the scaffold law. 

 

Original cosponsors of this legislation include Rep. Claudia Tenney (R-NY) and Rep. Elise Stefanik (R-NY).

 

“New York’s burdensome and misguided Scaffold Law has caused construction costs to skyrocket, making it one of most expensive states to build in the country. The Infrastructure Expansion Act will lower costs on federally funded projects by finally bringing fairness and balance to liability rules. This is a critical step toward bringing investments to our state and making New York more affordable and competitive,”said Congresswoman Tenney.

 

Groups that support this 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, Building Trades Employer Association, Business Council of New York State, Inc., Big “I” New York, General Contractors Association, General Contractors Association of New York, Lawsuit Reform Alliance of New York, Long Island Builders Institute, National Association of Home Builders, National Electrical Contractors Association, New York Association of Homebuilders, New York Association of Towns, New York State Association for Affordable Housing, New York State Builders Association, New York State Business Council, Partnership for New York City, Real Estate Board of New York, Upstate United, Habitat for Humanity, .

 

“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. New York is the only state with this kind of law, which mandates unnecessary provisions that only raise the cost of doing business. 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,” said Heather Mulligan, President and CEO, Business Council of New York State, Inc.

 

“New York is the most expensive city in America, with the high cost of construction being a major contributor. Local legislators have been unwilling to override special interests to deal with our affordability crisis. We support the legislation introduced by Representative Langworthy that promises to impose needed fiscal discipline that we cannot seem to achieve on our own,” said Kathryn Wylde, President and CEO, Partnership for New York City.

 

“This commonsense legislation replaces outdated absolute liability rules with a fair and modern comparative negligence standard for federally assisted construction projects. This long-overdue reform will help reduce fraud, lower insurance premiums, and establish a more balanced legal framework for both builders and workers.Escalating insurance costs threaten the viability of construction projects, drive up consumer costs, and delay critical development needed to address housing and infrastructure demands. This legislation is a necessary step toward restoring fairness and long-term sustainability in construction-related liability policies.We commend Congressman Langworthy for his leadership on this important issue and urge swift passage of this vital legislation,” said Mike Fazio, Executive Vice President, New York State Builders Association.

 

“The Long Island Builders Institute supports the Infrastructure Expansion Act of 2025. This bill replaces outdated absolute liability rules with a fair comparative negligence standard for federally assisted infrastructure and transportation projects.By preempting such state laws and standardizing liability rules, this legislation ensures a balanced legal framework that encourages participation in federally supported projects without compromising worker protections.We applaud Representative Langworthy’s leadership and urge Congress to pass this commonsense reform,” said Mike Florio, CEO, Long Island Builders Institute.

 

“The National Association of Home Builders commends Rep. Nick Langworthy (R-N.Y.) for introducing the Infrastructure Expansion Act. At a time when rising construction and insurance costs are driving up overall project expenses, this bill would help reduce costs and better use valuable taxpayer dollars by implementing reasonable and fair liability standards for certain federally funded projects,” said Buddy Hughes, Chairman, National Association of Home Builders. 

 

“The Scaffold Law costs New Yorkers nearly $800 million a year without delivering any tangible construction safety benefits, and as a result, we are hindering the economic growth of our communities statewide, preventing safe development from moving forward and creating new jobs and new business opportunities,” said John T. Evers, President and CEO, American Council of Engineering Companies of New York (ACEC New York.) “New York needs reasonable regulations that eliminate unnecessary costs, and this bill does just that by removing the requirements for higher-rate insurance on projects that receive federal funding. With this proposed legislation, we can expand the size, scope and number of public works projects that are critical to improving the built environment around us, and we applaud the work of Congressman Nick Langworthy and his fellow lawmakers for their efforts to reverse this alarming trend.”

 

“We’re grateful that Congressman Langworthy has heard the concerns of New York’s contractor community. His legislation takes aim at decades of abuse caused by an outdated, New York-only law that has helped make us one of the most expensive places to build in the country. When passed, it will help bring insurance carriers back to New York and make general liability coverage more affordable—allowing us to build more housing and repair our roads and bridges. We look forward to working with the Congressman to get this much-needed legislation across the finish line,”said Brian Sampson, ABC Empire State Chapter President.

 

“The Scaffold Act is a costly mandate that places undue fiscal burdens on towns and their taxpayers when trying to complete projects in their respective communities. We need this commonsense reform that will lower costs, protect the taxpayers, and help spur more investments in our infrastructure and in economic development projects across the state,”said Christopher A Koetzle, Executive Director, New York Association of Towns.

 

“Upstate United applauds Congressman Langworthy for introducing federal legislation that would reform New York’s outdated and costly ‘Scaffold Law.’ Originally enacted in the 1880s—when worker protections were minimal—the law now imposes an absolute liability standard for gravity-related construction accidents, a policy unique to New York. As a result, our state faces the highest general liability insurance costs for construction in the nation, burdening taxpayers with hundreds of millions of dollars each year. This proposed legislation would eliminate the absolute liability standard for federally funded projects, helping to reduce unnecessary costs and support job growth. We hope to see this legislation advance in D.C. and call on New York’s leaders to pursue long-overdue reforms at the state level,”said Justin Wilcox, Upstate United.

 

“The Empire State will never resolve its affordable housing crisis, properly invest in public infrastructure and transportation, or attract and retain the industries of the future if the only-in-New York Scaffold Law continues to waste public funds on liability costs,” said Tom Stebbins, Executive Director, Lawsuit Reform Alliance of New York. “Congressman Langworthy’s bill is a step in the right direction. It protects taxpayers’ money from being siphoned from federal projects to pay for lawsuits that benefit no one except the personal injury lawyer lobby. Congress is taking note, when will Albany act?”

 

“One of the main drivers of the high cost of construction in New York City is our antiquated Scaffold Law, which serves to protect special interests rather than any jobsite the law purportedly makes safer. Rep. Langworthy’s bill takes this outdated law head on, and if passed will allow our city to focus resources on the projects that matter, rather than increased insurance premiums and lawsuit settlements. Driving costs down and making New York City more affordable requires bold action at all levels, and Rep. Langworthy’s proposed legislation is a strong step in the right direction,” said James Whelan, President, Real Estate Board of New York.

 

“Congressman Langworthy’s bill takes aim at New York’s century-old Scaffold Law and its unjust absolute liability standard—a relic that saddles taxpayers with billions in extra costs while doing nothing to make jobsites safer.  By replacing absolute liability with the same commonsense comparative-negligence standard, we can steer precious federal dollars toward rebuilding schools, roads, and affordable housing instead of lining trial-lawyer pockets. We applaud the Congressman’s leadership and stand ready to help get this done for workers, taxpayers and our economy,” said Mike Elmendorf, President & CEO of the Associated General Contractors of New York State.

“Congressman Langworthy’s bill is a long-overdue step toward restoring fairness and affordability in New York’s construction industry. The Scaffold Law’s absolute liability standard, which is unique to New York, inflates insurance costs by as much as 7%, directly driving up the price of affordable housing and infrastructure statewide. Reforming this outdated law is not just common sense, it’s essential to addressing our affordability crisis and ensuring that coveted federal dollars are spent building homes and communities, not fueling a broken legal system,” said Jolie Milstein, President and CEO, New York State Association for Affordable Housing.

 

“Representative Langworthy’s bill gives us a direct path to lowering costs on federally funded projects.  Insurance costs in New York City are unreasonably high. Bringing down costs will mean more construction; more construction means more union construction jobs. Let’s get this much needed legislation across the finish line and bring more construction and construction jobs to New York,”saidElizabeth Crowley, President and CEO, Building Trades Employer Association.

 

“Congressman Langworthy’s bill will help in removing the effects of outdated laws on NYS’s highest in the nation insurance costs,” said Robert G. Wessels, Executive Director of the General Contractors Association of New York. “The savings obtained by decreasing the extreme cost paid by NY Contractors, for insurance on public works projects, can be used for further investment in critical infrastructure projects.”

 

“The National Electrical Contractors Association (NECA) strongly supports the Infrastructure Expansion Act of 2025 and applauds Congressman Nick Langworthy for his leadership in advancing this vital legislation. By ensuring that federal infrastructure projects are governed by a fair, comparative negligence standard rather than outdated absolute liability rules, this bill protects both contractors and property owners while preserving access to critical federal funding.
On behalf of our several hundred electrical contractors across New York State, we thank Rep. Langworthy for standing up for the skilled professionals who power and build America’s infrastructure. This commonsense reform promotes safety, accountability, and much-needed investment in our nation’s roads, bridges, transit systems, and energy networks,” said Marco Giamberardino, SVP, Government and Public Affairs, National Electrical Contractors Association (NECA).

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