LIEB BLOG

Legal Analysts

Friday, March 27, 2020

No More Construction - Essential Service Guidance Updated

On March 27, 2020 at 11AM, Empire State Development refined the definition of essential businesses or entities in NYS as to construction, as follows:
All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site). 
Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation. 
For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site.
Be warned.