Further Clarification on NYS “Pause” Executive Order

In response to questions from AGC NYS and the industry, Empire State Development (ESDC) has this morning advised AGC NYS that the designation of construction as essential applies to “all construction.

Furthermore, as ESDC is being deluged by requests and questions from businesses relative to the Governor’s Executive Order, they request that, in light of this clarification, firms engaged in construction refrain from asking for a “specific designation” as they work to handle an overwhelming volume of calls and e-mails.

The New York State Thruway Authority (‘the Authority’) has received multiple requests from the construction industry seeking confirmation that contractors, consultants, services and material suppliers are considered exempt from reduction in workforce requirements as a result of COVID-19. Pursuant to Governor Andrew M. Cuomo’s Executive Order 202, essential businesses and services not subject to the in-person restrictions include: (a) transportation infrastructure including vendors that provide essential services needed to ensure the continuing operation of government; and (b) construction. The Governor’s subsequent Executive Order 202. 6, and relevant guidance, further clarified that essential businesses or entities includes skilled trades such as electricians, plumbers and other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes.


Based on such, as of the date of this memorandum, ongoing construction and design-build projects shall continue to progress. Contractors shall implement the necessary social distancing and cleaning protocols to the fullest extent possible.


Read the full memo here.