Executive Order from Governor Cuomo
The Governor just updated the rules for construction and large portions of the industry are no longer deemed essential. Text of section 9 of the executive order is below and you can find the full order at https://esd.ny.gov/guidance-executive-order-2026. Critically we don’t know yet if this is effective immediately or after a period of time like prior shut down orders. We do understand that you will be allowed to secure jobsites and create a safe environment before shutting a project down. This latter point will have a lot of nuances that we will try and clarify.
Text of Executive Order Relating to Construction
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.