Aug. 3, 2018
Sections 240 and 241 of the New York Accompaniment Labor Law, frequently alleged the Scaffold Law, is the alone law of its affectionate in the nation. Basically, the law says that if a contractor’s artisan at a address or address architecture is injured, decidedly in a abatement from a height, the architecture will be actually accountable for that worker’s injuries.
The law has huge implications and risks. Many boards are beneath the mistaken consequence that they’re adequate if they accept a Affidavit of Accountability Allowance advertisement the building, management, and lath as added insureds on the contractor’s accepted accountability policy. But the words in adventurous book at the top of this affidavit say that the affidavit itself transfers no rights or protections to bodies or entities listed on the certificate. And it accurately says that “if the affidavit holder is an added insured, the behavior of the architect charge be endorsed.”
In adjustment to assure your address or address from the after-effects of the Scaffold Law, every architect that works in your architecture charge accommodate you with several items. First, there is the Affidavit of Accountability Insurance, which by itself will not assure your apartment corporation, but will be affirmation that the architect has the actual allowance behavior in abode (e.g. accepted liability, auto liability, etc.). Second, there is a assignment acceding advertence the contractor’s name, the blazon of assignment to be done, the applicant or the building, and the building’s location. The acceding should accompaniment that the architect agrees that the building, the board, and the managing abettor will be indemnified and captivated harmless, and it should additionally accompaniment that the architect will name all of these parties as added insureds on its accepted accountability policy. Finally, there is affidavit that the architect has a workers’ advantage action (sometimes, this advantage is referenced on the Affidavit of Accountability Insurance, but often, it is a abstracted document). Using a architect after workers’ advantage allowance – alike if the architect is a sole proprietor, absolved for workers’ advantage requirements – can allure added accountability accident to your address or condo.
Most boards await on their managing agents to aggregate these documents. While a lot of managers say that they do this action well, in absoluteness it’s actual difficult to aggregate all of the abstracts for the contractors alive at anniversary and every managed building. And the accident in not accomplishing it appropriately could be astringent if a contractor’s agent is afflicted in a abatement from a acme and sues. Because of the Scaffold Law, that afflicted artisan will win that accusation – alike if he was drunk, aerial on drugs, or forgot his assurance equipment, and bankrupt all the rules. The architecture will still be accountable beneath this law. The alone way to assure yourself is either the building’s allowance or, ideally, the contractor’s insurance. And the alone way you get advantage from the contractor’s allowance is to access a Affidavit of Insurance, added the acceding acute that your address or address is an added insured.
Jason C. Schiciano is admiral of the allowance allowance Levitt-Fuirst Associates.
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