The labor question
Depreciation is supposed to measure used-up material life. When the same math is applied to labor — the roofer's hours, the painter's time — the deduction gets philosophical, and in nine states plus DC it got illegal. This guide shows you where labor depreciation lives on an estimate and what your state's position makes of it.
Estimate lines bundle material and labor into one price, and the depreciation percentage is usually applied to the whole line. The labor component of a roofing line can be half its price. Depreciating it means the 'wear' of a worker's afternoon is withheld from your check — the practice this page is about. Find it: pick any line, read its depreciation figure, and compare it against the line's material-only cost. If the withheld amount exceeds the material's age share, labor is being depreciated.
| Position | States (at build) | Authority shape |
|---|---|---|
| Banned | AZ, CA, DC, IL, MO, MT, TN, VT, WA | Statute, regulation, or appellate case — e.g., Washington's WAC 284-20-010 (2022), California's 10 CCR § 2695.9, Tennessee's Lammert (2019) |
| Allowed | AR, CO, FL, IN, KS, LA, NE, NC, OK, SC | Court decisions upholding the practice (Arkansas by statute, § 23-88-106) |
| Mixed | AL, AK, KY, MI, MN, MS, OH, PA, TX | Narrow or conflicting authority — Texas has both a federal allowance (Tolar, 2022) and a state-court ban (Sims, 2025, under review) |
From the HKR 50-state survey (updated Aug 28, 2025), spot-checked at build; the per-state authorities are in the state table. There is also a live class action on a version of this practice — see the Allstate page (claim deadline Jan 29, 2027).
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