BBNY HISTORY
After watching their liability soar over
1000%!!!! Yes you read that right 1000%, Frank DeCarlo owner of
Paragon Restoration Group Inc. an insurance restoration company
specializing in fire, water damage, and mold remediation located in
Depew New York and Jeff Valone, owner of Try-Lock Roofing Co Inc. a
third generation roofing company specializing in commercial and
residential roofing located in Tonawanda New York, said enough is
enough and decided to take on the states archaric labor law, known as
labor law 240/(1) aka the “scaffold law.” Their goal is to declare the
law unconstitutional whereas it interferes with equal protection, and
interstate commerce, and it violates the 14th ammendent. In
addition after further research it was found that the Federal
Occupation Safety & Health Act (OSHA) preempts the states statue, of
labor law 240(1) therefore, making the law obsolete. Unfortunately,
trial lawyers in New York State are using loopholes in labor law
240/(1) namely “absolute liability” thereby preventing contractors
from defending themselves in 240(1) related claims. Insurance
companies literally have pulled out of the New York State market from
writing liability coverage for contractors. More disturbingly is the
fact that the Speaker of the Assembly is a trial lawyer with close
ties to law firms that make millions off of 240/(1) cases. The head of
the Department of Labor is also an attorney taking her lead from the
speaker. On nearly every occasion the law dies in committee if brought
for a vote.
Our journey began in 2004 with a thought that if
the courts were hearing frivolous lawsuits around the country then why
was it that the construction & insurance industry in New York State
was unable to defend themselves against 240(1) lawsuits? Imagine,
being in court and not being able to introduce evidence proving your
innocence! This is what BBNY wants to change. The stage was set for
two entrepreneurial businessmen; this wasn’t anything different than
starting a business in New York State, where the odds are always
stacked against you!
Shortly thereafter, Linda Kruszka, the owner of
Main Street Insurance Agency in Attica New York, joined BBNY as our
recording secretary. Linda is our liaison to the insurance industry
and has been a tremendous asset planning events, scheduling meetings,
and being the lifeline between BBNY and the insurance industry.
With the advent of the lawsuit being filed on
October 6, 2006 numerous press releases from Albany to Washington DC
have surfaced. There has been a tremendous outpouring of support from
the construction and insurance industry as companies are finding out
that there is hope in defeating labor law 240/(1). Repealing 240(1)
will not reduce safety in the workplace, nor is it BBNY’S intention to
make the law more relaxed creating an unsafe workplaces. Repealing the
law will create more jobs in the construction and insurance industry
and positively impact New York State’s economy. Still more needs to
be accomplished by us.
This is not a spectator sport for the affected
trades if you are a contractor you need to “get in the game” our goal
is to unite every construction company large or small standing
shoulder to shoulder and defeat labor law 240/(1). Our success will
create a positively affect for every business in New York State! It is
time for you to become involved with BBNY and give something back to
the industry that provided for you over the years. All proceeds
donated to BBNY are used towards the cost of the lawsuit, and
associated cost of the operations of BBNY. There are no paid
employees, nor are any of its board members paid in any way. BBNY will
do all the heavy lifting for you. All you need to do is become a
member and get involved. We are all involved because we believe this
needs to get done, or our industry as we know it today, will no longer
be. “Together we will succeed, divided we fail.”
Thank you:
Frank DeCarlo
Executive Director,
Businesses for a Better New York
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