One- and Two-Family Homeowner Exemptions Do Not Automatically Protect Builders

Reviewed September 7, 2026.

The original article described a proposal to extend a Labor Law exemption to builders of new single-family homes. The current Labor Law § 240 and § 241 contain an exemption for qualifying owners of one- and two-family dwellings who contract for, but do not direct or control, the work.

That language does not automatically exempt a contractor merely because the project is a single-family house. The party's role, property use, work and involvement require evaluation. An owner claiming the exemption must satisfy its requirements; the home's unit count alone does not resolve every case.

Review contractor exposure before work begins

Confirm applicable safety obligations, supervision arrangements, subcontract terms and insurance coverage. Do not price a project on the assumption that a homeowner's potential exemption transfers to the builder.

If an incident occurs, preserve relevant records and notify insurers promptly. This article addresses construction risk and defense considerations for owners and contractors.

Kushnick Pallaci PLLC assists clients throughout New York with construction litigation and contractor defense. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.