NYS Construction Mandate

THe Empire State Development has issued updated guidance regarding essential construction activity. This new guidance limits types of construction that are deemed "essential". Section 9 of the guidance is reproduced below. The full guideance on Governor Cuomo's Executive Order 202.6 may be found here: https://esd.ny.gov/guidance-executive-order-2026

9. 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.