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What is NYC AC § 26-3808?

Quick Answer

This section establishes that developers and construction employers are liable for debts owed to wage claimants incurred by subcontractors. It prohibits any agreement that waives this liability and clarifies that developers retain the right to pursue subcontractors for unpaid wages. Applies to developers and construction employers involved in labor contracts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 26-3808 Liability.

AC § 26-3808

a. Developers and construction employers shall assume liability for any debt resulting from an action under this chapter, owed to a wage claimant or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the construction employer for its subcontractors for the wage claimant’s performance of labor. b. No agreement or release by an employee or subcontractor to waive liability assigned to a developer or construction employer under this section shall be valid. The provision of this section shall not be deemed to impair the rights of a developer or construction employer to maintain an action against a subcontractor for amounts for owed wages that are paid by a developer or construction employer pursuant to this section. (L.L. 2026/021, 1/17/2026, eff. 1/1/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/021.

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