"According to the labor laws in New York, the landlord is responsible, regardless of the circumstances.If a contractor comes in and has a subcontractor who falls, it is the association that could get the lawsuit, whatever happens, so it is almost full liability. That's something they've had to deal with for years, "said Robert G. Mackoul, chief underwriting officer at New Empire Group, who offers a package policy, CondoPak, to meet the needs of residential cooperatives, condominiums and community organizations.
These strict labor laws are based on gravity, Mackoul added.
"If a contractor falls, and he does not have to be of a serious height – it can be a stepping stone, if he falls from a ladder, if he falls off the jetty – and they get a wound, he is entitled to the state. sue, summon contractor, sue the landlord or someone else, "he explained. This can also happen with any type of project, from a small renovation or paint job, "all the way through to serious construction work on a jetty, it is not necessarily limited to one kind of work, it can be just about anything that involves gravity."
While associations in the state have implemented risk management strategies to protect themselves against litigation, it has rarely worked, Mackoul explained. These strategies were mainly related to contracts with contractors who have to be airtight in order to have a court decision in favor of the association.
Lead paint is another problem affecting New York buildings, although the use in household paint was banned in 1978 in the state.
"Everything that was built or renovated afterwards is fine and no problem, but for buildings that have been built for that and have not yet been renovated, there is still the potential to have lead paint on the wall," said Mackoul, and there are enough older buildings in New York that occasionally prevent this issue. Age is also important when it comes to the threat of water-related damage. "It does not matter how hard they try to follow unless you do a complete renovation, you still work with pipes that were built in every year the building was built in. Even a building from the 1950s that has been renovated and where Many things have been done, if you have not stripped that building and you have not put in any new plumbing, you still work with pipes from the fifties. & # 39;
New Empire Group sees many claims about water damage caused by burst pipes, which often does not only affect one unit when water drips down into the units below, making the situation an even bigger claim.
For retail agents who want to build their place in this space, in New York or in other states where the package policy of the New Empire Group is available, Mackoul advises to maintain a close relationship with a property manager.
"If you want to be a serious player in any kind of condo market, wherever you are, you will need a distribution channel that will give you a lot of opportunities and usually comes from a home manager," he said. Insurance business. "The more relationships they can form with property managers, the more likely they will be."