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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