ANDREW RICHARDS

Co-Managing Partner(LI), Kaufman Dolowich Voluck,

Attorneys at Law

Legal Counsel, STA

There are many contractors who have been in business for many years fortunate enough to avoid litigation. However, at some point, if you work on enough projects, litigation is unavoidable. I have fielded many calls from contractors who seek legal advice concerning a construction dispute who I unfortunately have to advise that they face liability and damages. The prospective client then informs me that the company does not have the ability to pay and that they were advised by others just to close shop and open up a new company because the owners are shielded from personal liability because the company is a corporation or a limited liability company. Not so fast!

JOHN FRIZALONE

Senior Advisor,

American Global, LLC

To begin, New York Workers’ Compensation recognizes two main types of claims: accidents and occupational diseases ("OD"). A compensable (payable) injury must “arise out of and in the course of employment”. Under New York State law, there is a presumption that a claim for compensation and in the absence of substantial evidence to the contrary, is compensable and falls within Workers’ Compensation.

This can be found in New York Workers’ Compensation Law (WCL)-§21(1). However, the claimant is still not relieved of the burden of showing that an injury was sustained in the course and arose from his/her employment. It is this presumption that is most often a point of contention for many employers.

ARTHUR RUBINSTEIN

Chair, STA Legislative Committee

Owner, Skyline Steel Corp.

New York City’s Capital Process Reform Task Force released their sweeping 2022 year-end recommendations. STA thanks all involved for this comprehensive set of reforms that will benefit subcontractors and all of New York City. Special thanks to Arthur Rubinstein, who participated in the Task Force and represented STA on our behalf. His update is provided below:

I was honored to be a member of the Mayor’s Capital Reform Task Force, and am very pleased to report on areas for which I (as well as others) advocated that have been adopted as recommendations.