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New York's absolute liability standard holds contractors 100% at fault for height-related injuries, regardless of worker negligence. This drives insurance to 10% of project costs, compared to just 2% elsewhere, as insurers flee the state or charge exorbitant premiums.

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Adam Carolla argues that the time and expense of navigating regulations, like those from California's Coastal Commission, are so prohibitive that many people simply give up on building projects altogether, even on their own property. The bureaucratic friction outweighs the desire to build.

As insurers exit New York due to the 'Scaffold Law,' remaining carriers dictate terms. This has caused a massive spike in deductibles for contractors, from around $25,000 in the past to as high as $750,000 per occurrence today, forcing firms to self-insure a huge portion of risk.

For complex legal requests that increase your business risk or costs (e.g., unlimited liability, extensive insurance requirements), treat them as an additional negotiation lever. Explain that your standard pricing is based on a reasonable, collaborative risk profile. Accepting their terms changes that profile and will require adjusting the price accordingly.

Despite having the nation's strictest liability standard (the 'Scaffold Law'), New York's construction industry has a higher fatality rate than the national average — 12 per 100,000 workers versus under 10. This data challenges the primary argument that the law enhances worker safety.

Beyond zoning debates, the complexity and outdated requirements of building codes massively inflate construction costs. Drew Warshaw proposes a novel approach: auditing the building code itself to create a streamlined, model version that could strip 15% from project costs, making it a powerful tool for affordability.

Construction projects have limited upside (e.g., 10-15% under budget) but massive downside (100-300%+ over budget). This skewed risk profile rationally incentivizes builders to stick with predictable, traditional methods rather than adopt new technologies that could lead to catastrophic overruns.

Project delays aren't just about lost time; they generate tangible costs. Contractors must continue paying salaries for project managers, supervisors, and safety personnel who are assigned to the stalled project and cannot be reassigned, leading to significant 'indirect overhead' claims.

Without clear government standards for AI safety, there is no "safe harbor" from lawsuits. This makes it likely courts will apply strict liability, where a company is at fault even if not negligent. This legal uncertainty makes risk unquantifiable for insurers, forcing them to exit the market.

The term 'Scaffold Law' is misleading. It's an absolute liability law for any height-related injury. A worker falling six inches from a secured ladder in a trench can trigger a claim where the contractor is 100% liable, drastically expanding its scope beyond high-rise work.

On public works projects in NYC, union wages are aligned with city and state prevailing wage laws. This means both union and non-union contractors must pay similar rates for public projects, countering the common narrative that high costs are primarily due to a 'union premium.'