Amid the exponential increase of COVID-19 cases in the State of New York and, more specifically in New York City, Governor Cuomo issued an order requiring all “non-essential” construction in the State of New York to shut down, with the exception of: (i) emergency projects necessary to protect the health and safety of building occupants; and (ii) the continuation of projects, if it would be unsafe to allow the project to remain incomplete, until such time they deem it safe to shut down the site.

However, essential construction is still permitted to continue. Essential construction includes construction of roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing and homeless shelters.

For any construction that is permitted to continue by virtue of this order, the job site must employ proper social-distancing protocol and  best safety practices. If such social distancing protocol or best safety practices are unable to be maintained, including in elevators, meals and entry and exits, the job site must be shut down.

Enforcement of the Executive Order will be provided by the state in coordination with city/local governments. Those found to have violated this order may be issued a fine of up to $10,000 per violation.

This order represents a departure from the Governor’s prior orders whereby all construction activities were classified as essential.