Sections 240 and 241 of the New York State Labor Law, commonly called the Scaffold Law, is the only law of its kind in the nation. Basically, the law says that if a contractor’s worker at a condo or co-op building is injured, particularly in a fall from a height, the building will be absolutely liable for that worker’s injuries.

The law has huge implications and risks. Many boards are under the mistaken impression that they’re protected if they have a Certificate of Liability Insurance listing the building, management, and board as additional insureds on the contractor’s general liability policy. But the words in bold print at the top of this certificate say that the document itself transfers no rights or protections to persons or entities listed on the certificate. And it specifically says that “if the certificate holder is an additional insured, the policies of the contractor must be endorsed.”

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