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ARTICLE · 21 APRIL 2020

COVID-19: New York State Clarifies Construction Activities Deemed "Essential"

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New York Governor Cuomo's executive order 202.6 (the Executive Order) requires the elimination of 100% of the in-person workforce for "non-essential" businesses in New York State.

CanadaCoronavirus (COVID-19)
Jared Fontaine
Jared Fontaine
Alex Tanenbaum
Alex Tanenbaum
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New York Governor Cuomo's executive order 202.6 (the Executive Order) requires the elimination of 100% of the in-person workforce for "non-essential" businesses in New York State.1 Revised guidance released on March 27 provides more information on the scope of construction activities that may continue during the pandemic. We anticipate that this latest guidance will have an immediate and significant impact on development projects in New York State.

Key highlights

  • Initial guidance on the definition of "essential" businesses included "construction", and was interpreted to mean that all construction activity in New York State would be deemed "essential".
  • The New York State Department of Economic Development (DED) issued revised guidance on March 27, 2020 limiting the definition of "essential" construction activity to "roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters" and a limited

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