"Non-Essential" Construction Activities To Be Shut Down In New York Effective March 27, 2020

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On Friday, March 27, 2020, New York State issued a directive shutting down virtually all non-emergency construction work on projects not involving infrastructure, healthcare or other facilities contributing to public safety or welfare. This was essentially a complete reversal of the State’s prior guidance on and application of the New York construction work PAUSE Order.

Background on New York State’s restriction on construction during the Covid-19 Pandemic:

Under Executive Order 202.6, issued on March 18, 2020 (the “Order”), New York State Governor Andrew Cuomo ordered that all non-essential businesses “reduce the in-person workforce at any work locations by 50% no later than March 20 at 8 p.m.” The Governor’s order was modified shortly thereafter to cover 100% of non-essential businesses workforce (the so-called “New York on PAUSE Order”). All construction was originally deemed “essential” and exempt from the PAUSE Order.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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