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Habitat Magazine: Jason Schiciano discusses the NY Scaffold Law

00:00 [Music]
00:13 my name is Jason sky Johnno and I’m
00:16 president of Lovett first associates in
00:18 Tarrytown New York I wanted to talk
00:21 about a topic today that a number of
00:24 boards of condominiums and coops are
00:26 unaware and it’s a topic that can
00:29 drastically affect their liability
00:31 exposure and ultimately their insurance
00:33 premiums for many years to come if it’s
00:35 not properly addressed the topic is
00:38 related to a law and New York State
00:41 called the New York State scaffold law
00:42 New York is the only state in the United
00:45 States of America that has this type of
00:47 law and basically the law says that if a
00:51 worker for instance for a contractor
00:53 working at the condo or co-op building
00:56 is injured particularly in a fall from a
00:59 height like a ladder or a tree or a roof
01:02 that the building will be absolutely
01:04 liable for that contractor’s injuries in
01:07 a court of law under a liability suit so
01:10 obviously the law has huge implications
01:13 and risks for buildings many boards are
01:16 under the assumption mistakenly that if
01:19 the board or the managing agent collects
01:22 a document called a certificate of
01:25 liability insurance and if that document
01:28 lists in the description box that the
01:33 building and the managing agent and
01:35 board are additional insurance on the
01:38 contractors general liability policy the
01:41 board assumes that they’ve got
01:42 protection and that one of the
01:44 contractors workers is injured that the
01:46 board in the building will be protected
01:49 by the contractors insurance policy
01:51 because this thing says their additional
01:53 insured in fact if you read the words
01:57 that are highlighted at the very top of
01:58 this document they say this certificate
02:01 is not worth anything it transfers no
02:04 rights no protection to the additional
02:07 insurance and it specifically says that
02:10 if the certificate holder is an
02:12 additional insured
02:13 the policies of the contractor must be
02:16 endorsed well what does that mean
02:18 endorsed most contractors general
02:22 liability policies have what’s called an
02:25 additional insured endorsement that
02:28 states that the contractor is allowed to
02:31 name anyone that the contractor wishes
02:34 as an additional insured any entity any
02:36 building any person as an additional
02:38 insured as long as the contractor agrees
02:41 to do that in a written agreement before
02:44 the work is started and before the
02:46 accident happens
02:47 that’s called a blanket additional
02:49 insured we’re required by written
02:50 contract endorsement such as this so the
02:54 thing is this certificate of insurance
02:56 is absolutely not
02:59 a written agreement a written agreement
03:01 states the parties and is also signed by
03:04 the parties to the agreement so in order
03:08 for a board and a building to be an
03:11 additional insured on a contractor’s
03:13 general liability policy in addition to
03:16 the certificate of insurance you need an
03:19 agreement two pieces of paper working
03:21 together the agreement which your
03:24 attorney should really write up in
03:26 review before it’s used it needs to
03:28 state a few things the contractor’s name
03:30 the type of work to be done the client
03:33 or the building the location of the
03:36 building and usually the managing agent
03:38 you’ll want to name is additionally
03:39 insured as well along with the board of
03:40 directors the agreement should state
03:43 that the contractor agrees to indemnify
03:46 and hold harmless the building the board
03:49 in the managing agent and that also the
03:52 contractor agrees to name all of those
03:55 parties as an additional insured on its
03:58 general liability policy the contractor
04:01 should also maintain workers
04:02 compensation in this agreement requires
04:04 that as well because a contractor such
04:06 as a sole proprietor working without
04:08 workers compensation adds even more risk
04:11 and liability to the building so with
04:13 these terms the contractor signs the
04:15 agreement and then the managing agent
04:17 can sign the agreement on behalf of the
04:19 managing agent and the building that
04:21 that he or she represents and now you
04:24 have a written agreement this agreement
04:26 does
04:26 have to be a separate agreement it can
04:28 be embedded into the contract for work
04:30 along with how much the works good at
04:33 cost and what with the scope of the
04:36 works going to be or can be separate but
04:38 there needs to be an agreement as the
04:41 endorsement states so now that you know
04:44 what’s required to be an additional
04:46 insured you might think well that sounds
04:49 pretty easy the fact of the matter is
04:50 most boards rely on their managing
04:53 agents to collect this type of
04:54 documentation and the problem with that
04:57 is if you have a typical managing agent
05:01 and in some cases these numbers are
05:03 actually understated but let’s say a
05:05 managing agent manages 40 buildings
05:07 let’s say and this wouldn’t be unusual
05:09 25 different contractors service that
05:12 building service one building plumber
05:15 roofer electrician brick pointing guy
05:20 masonry guy painter etc 25 contractors
05:24 and I already explained you need at
05:27 least two documents could be if the
05:30 additional or if the workers comp roof
05:32 is on a separate piece could be three
05:34 documents but let’s say two times 40
05:37 buildings times 25 contractors that’s
05:38 2,000 documents that that managing agent
05:41 needs to maintain for the 40 buildings
05:43 that his firm is or her firm is agent
05:47 for that’s a lot of documents and well a
05:51 lot of managing agents say that they do
05:53 this process well the fact of the matter
05:55 is it’s a very difficult process to do
05:58 well and completely all of the time
06:00 especially if you’re getting
06:02 certificates of insurance for each and
06:05 every policy or because the policy
06:06 renews each and every year and then you
06:08 should have a certificate of insurance
06:10 updated to show the current policies
06:12 enforce for each and every contractor so
06:16 the point of this discussion is that
06:19 boards may not be aware of the exposure
06:23 by not getting these documents in place
06:26 properly these are called risk transfer
06:28 documents and the risk in not doing this
06:31 properly
06:32 however small it is it’s a risk and it
06:35 can be severe is that if a contractor’s
06:37 employee is injured it
06:40 building and falling off of a ladder for
06:42 instance and is unable to work for the
06:45 rest of his life or her life he’s gonna
06:48 sue and because of the scaffold law
06:50 which is unique to the New York that
06:52 worker will win that lawsuit even if
06:55 he’s drunk
06:56 even if he’s been affected by drugs even
06:59 if he forgot all of his safety equipment
07:01 and broke all of the rules the building
07:03 will still be absolutely liable under
07:05 this law the only way to protect is
07:08 either the building’s insurance which if
07:11 the building’s insurance has to pay that
07:12 claim premiums are going to go through
07:14 the roof for the next five years the
07:15 quality of insurance the building will
07:17 be able to go get will go down or
07:20 ideally the contractors insurance and
07:22 the only way you get the contractors
07:24 insurance is making sure he has the
07:26 insurance with the certificate and
07:28 making sure you’re an additional insured
07:30 through the agreement I discussed
07:33 [Music]

2018 ANDRUS 90th Anniversary Gala Honoree, Jason Schiciano Acceptance

00:00 I had my music next year let it first be
00:22 50 years old honored by Andres and we
00:35 congratulate you on 90 years of
00:37 excellent history but I’m really
00:40 wondering how we’re going to get from 50
00:43 tonight but for me this night is really
00:48 about human connections a few years ago
00:52 I was talking to my friend and he
01:00 realized that together the wonderful
01:03 opportunity to make a connection between
01:05 love at first and animus and for the
01:08 past three years we’ve been leaving a
01:11 skeleton crew back at our office in
01:14 Tarrytown and those of you that were on
01:16 the skeleton crew raise your hand
01:18 thank you for a hanging back our
01:26 insurance clothing put on jeans and
01:30 t-shirts and headed over to Andres or a
01:33 workday that consisted of real work on
01:39 various projects in Andres and with the
01:43 systems of special Andrus people like
01:45 Fiona Stefan
01:48 Juliana Brianne Eric and Hector through
01:53 some hard work of bee sting or to a lot
02:04 of laughs our connections with Andres
02:06 have grown over each of our three years
02:10 there as we worked on site and beside
02:14 the students we’ve seen the wonderful
02:16 staff of an vez extends a hand to
02:18 connect to the young people that in many
02:21 cases have no other person in the world
02:25 with which to connect and I’ve seen
02:28 children look at their Andres teachers
02:31 and counselors as you and I looked at
02:35 our own parents when we were young and
02:38 that connection is strong and it lends
02:42 perspective
02:43 Andres makes an invaluable and an
02:47 indelible mark on each child that passes
02:50 through its gates sits in its inspiring
02:53 classrooms walks its beautiful gardens
02:56 and fields in calls Andres home for a
02:59 time on behalf of my wife Andrea my
03:03 sister-in-law of every level my partner
03:06 Ken first and his wife Sue in all of the
03:09 let first family here tonight we want to
03:12 thank Brian Murphy Jason Honaker the
03:14 board of directors in all of our friends
03:17 at Andres for allowing love at first to
03:20 connect with you we want to recognize
03:23 all of you for helping us get to this
03:26 evening and we are proud to participate
03:29 in your future success thanks very much

2018 ANDRUS 90th Anniversary Gala Honoree, Ken Fuirst Acceptance

00:00 [Applause]
00:05 you have as we’re sitting there working
01:01 in a garden or painting the walls in the
01:04 classroom or decorating your birdhouses
01:06 and a compass it really is a
01:14 reflection that you guys take this
01:15 seriously it’s not a day off you realize
01:18 the impact of what we’re doing and how
01:21 we’re changing people’s lives and that
01:23 really means a lot to Jason I and that’s
01:26 why we continue to do things like this
01:28 because we are changing people’s lives
01:30 so thank you to all eleven first
01:33 employees in everything guys
01:41 tonight we’re chasing I very rarely get
01:44 to see the spouses of our employees and
01:47 Jason likes to say frequently in company
01:50 meetings now you end up spending more
01:52 time with your you know work partners
01:56 than you do with your own families so we
01:59 just I just want to thank the spouses
02:01 and significant of others of our
02:03 employees for supporting the employees
02:06 we’re tolerating their stories that they
02:08 group us bring on that idea and
02:10 everything else that you do so that they
02:11 show up the next day with a smile on
02:13 their face thank you
02:16 [Applause]
Homeowners Insurance _LF Award

Valerie Levitt, Ken Fuirst, Ondrea Levitt Schiciano, & Jason Schiciano

2018 Paid Family Leave Informational Video by Shelterpoint – July 10, 2017

Shelterpoint shares the big changes to the New York Disability program with the addition of the Paid Family Leave coverage.  Click here to read an overview, or click the link above to watch this incredibly informative (and interesting) video on the new law.

The New Construction Certificate February 12, 2015

Ken Fuirst and Jason Schiciano gave a presentation at the Building and Realty Institute on the new construction certificate.  If you were not able to attend, see the presentation HERE.

man holding bike over head in ocean

Ken’s Bike Ride

On June 16th, 2014, Ken Fuirst, Co-President at Levitt Fuirst embarked on a life affirming bicycle trip across the united states. Beginning in the Seattle area, he dipped his rear tire in the Pacific Ocean, the official start to his journey.

For the next 47 days, he traveled across the country, writing about his adventures daily in his travel blog. The trip was both brilliance and insanity, and both sides of this were discussed in our Levitt-Fuirst blog on the topic. More importantly, it was an adventure, good for Ken, and good for those that followed him on his blog.

Relive the stories, the pictures and the trip here – and then plan your own adventure…

Spring into safety with these home maintenance tips from Travelers

Check out these simple steps to help prepare your property for a safer and stress-free spring.

Home Efficiency – Keeping $$$ In your Home – Levitt Fuirst

by P. Andersen Spring brings many wonderful things to the New York region. Warmer weather, flowers, thick green grass, spending time outdoors with friends and family, perhaps a round of golf…  Another benefit is the rapidly falling energy bills, as the heat is shut down and the air conditioning is s…Read More »

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