AL
Alabama has issued no statewide shutdown of businesses, allowing construction to continue.
Facebook announced that it is pausing construction of its $750 million Huntsville, Alabama, data center.
With limited federal guidance on whether construction is deemed an essential service, it’s important to identify where the state in which you’re doing business stands on the matter and to ensure there are not county or municipal variances that go against the grain of the state’s order.
The following state-by-state view aims to point out the state’s overview along with any notable regional exemptions. Questions related to safety, project suspension, force majeure provisions, or contractual rights to suspend or terminate work, should be directed to legal counsel. The information summarized below is sourced from Foley & Lardner LLP. For more specific guidance, see the law firm’s construction-specific shutdown tracker here.
Construction of buildings for emergency support, such as hospitals or key infrastructure, is exempt across the country unless otherwise noted.
Each state is colored based on guidance provided on construction projects.
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AL
Alabama has issued no statewide shutdown of businesses, allowing construction to continue.
Facebook announced that it is pausing construction of its $750 million Huntsville, Alabama, data center.
AK
In Alaska, all construction aside from “critical infrastructure” is suspended.
“Critical infrastructure” includes housing construction, public woks construction and water, sewer, electrical and gas operations.
AZ
Arizona Gov. Doug Ducey issued a shelter-in-place order effective 5 p.m. March 31, though several businesses, including construction, have been exempted.
AR
Arkansas has issued no statewide shutdown of businesses, though the government has encouraged companies to follow social distancing guidelines.
CA
Individuals at California have been ordered to stay at home unless they need to leave their homes to help support critical infrastructure, which allows construction workers, both housing and commercial, and electricians and plumbers to continue work.
Counties and cities, including areas surrounding Los Angeles and San Francisco, have announced and issued their own orders about what construction is considered essential.
CO
Effective March 26 and through April 11, individuals were ordered to stay home and nonessential businesses were shut down. Construction was exempt as a critical business.
In San Miguel County, as of March 21, residential and commercial construction are both shut down, with only minnimum basic operations like site security allowed to continue.
CT
As of March 23 and continuing through April 22, nonessential businesses are ordered to reduce in person work force 100%. Construction is exempt based on offical descriptions of essential businesses.
DE
Effective March 24 and continuing through May 15, nonessential businesses were ordered to close. Workers in residential, nonresidential and infrastructure construction and workers who provide critical maintenance to residential or non-residential structures are considered essential.
Since the first emergency order was issued on March 13, there have been nine ammendments to update and tighten restrictions. Construction still remains exempt.
DC
Mayor Muriel Bowser’s March 25 order, updated on March 30, includes safety guidelines on construction but otherwise allows construction to continue.
FL
Gov. Ron DeSantis statewide order, effective April 3 through April 30, prevents travel for nonessential reasons, and closes nonessential businesses. Open construction sites and contractors or tradesman required for construction upkeep and safety are considered essential.
Local orders in Florida apply over the statewide order, if they’re more stringent.
GA
Effective 6 p.m. on April 3 through April 13, all inidivuals are ordered to shelter in place. Only construction related to housing, safety, public works, communications, energy sector projects and COVID-19 relief efforts are considered exempt.
The statewide order supercedes any county or city order in Georgia.
HI
Effective March 25 and continuing through April 30 all persons are ordered to stay at home in Hawaii. Only construction related to housing, safety, public works, communications, energy sector projects and COVID-19 relief efforts are considered exempt.
ID
Effective March 25, with a April 2 update, all nonessential businesses in Idaho are ordered to stop, but public works, commercial and residential construction are all considered essential
IL
Effective March 21 and continuing through April 30, a statewide executive order mandates individuals stay at home. Construction is identified in the order as essential
IN
Effective March 24, residents have been ordered to remain at home, though Construction is considered exempt and essential.
IA
Iowa’s executive order considers “public works” and “critical manufacturing” essential work.
KS
Effective March 30, Kansas’ stay-at-home order allows for essential functions to continue. Those functions include constructing or repairing roads, maintaining or cleaning buildings, residential construction and producing or distributing construction materials.
KY
Effective March 26, Kentucky’s order suspends most construction, aside from CISA exempted work and construction or maintenance of residential, commercial or government structures.
LA
Effective March 23 through April 30, Louisiana’s order mandates individuals stay at home unless performing an essential activity. Only construction related to housing, safety, public works, communications, energy sector projects and COVID-19 relief efforts are considered exempt.
ME
Effective March 25 and continuing through April 8, Maine’s business closure order definitions describe construction and maintenance of essential infrastructure as exempt.
MD
Maryland’s stay-at-home executive order, effective March 30, exempts construction.
In Maryland, an individual knowingly violating the order can be considered guilty of a misdemeanor.
MA
Effective March 24 and continuing through May 4, Gov. Charlie Baker’s order shutters non essential businesses. Public works, essential maintenence and work to maintain safety and sanitation are considered essential
Some Massachusetts construction unions are on the side of the mayors and have called for statewide shutdowns of construction sites. More stringent local guidelines apply over the statewide mandate.
MI
Effective March 24, Gov. Gretchen Whitmer shut down all nonessential businesses in the state. This order exempted public works construction and public health infrastructure.
MN
Effective March 27 and continuing through April 10, Minnesota’s statewide order shuts down nonessential businesses. Construction of critical infrastructure, and workers such as HVAC tradesman and plumbers who aid with sanitation and maintenence within homes, are considered essential.
MS
Effective March 24 and updated April 1, nonessential businesses have been ordered to close. For the time being, construction is exempt.
MO
Effective April 6 and continuing through April 26, Missouri’s stay-at-home order shuts down construction. Only construction related to housing, safety, public works, communications, energy sector projects and COVID-19 relief efforts are considered exempt.
Construction on the $1.5 billion Kansas City International Airport still moved forward during other business closures.
MT
Effective March 28 and continuing through April 9, nonessential businesses in Montana were ordered to stop. Construction is exempt from the shutdown.
Work will start this month on the disputed Keystone XL oil pipeline, which could bring thousands of workers to rural communities in Montana, South Dakota and Nebraska.
NE
Nebraska has issued no statewide order.
NV
Effective March 20, all nonessential businesses in Nevada were ordered to close. Construction is exempt from the shutdown.
Despite the order allowing construction in the state to continue, work on the $1.5 billion MSG Sphere at The Venetian Hotel in Las Vegas has been placed on hold.
NH
New Hampshire issued a statewide stay-at-home order March 21 with construction exempted.
NJ
Governor Phil Murphy signed on April 8 an executive order that all nonessential construction projects be ceased by 8 P.M. on Friday, April 10.
The April 8 order outlines a considerable list of projects that can be deemed essential. See the full list here: https://nj.gov/governor/news/news/562020/approved/20200408e.shtml
NM
The state’s March 24 shutdown order does not include construction.
Albuquerque Mayor Tim Keller has told city residents that they should anticipate a lot of road construction as there are fewer vehicles on the road due to the stay-at-home order.
NY
New York’s March 22 statewide shutdown paused all construction that cannot be considered “emergency construction.”
Project teams in New York City may be fined up to $10,000 if found working on nonessential or non-emergency construction — or if workers on projects that are allowed to continue don’t practice social distancing, say new city Dept. of Buildings protocols.
NC
North Carolina has issued a statewide order with construction exempted.
Previously, orders had been issued at the city and county level that included the cities of Charlotte and Durham and Mecklenburg County. Contractors are urged to check with local authorities before assuming the state order overrides local mandates.
ND
There’s been no statewide order yet.
OH
Statewide shutdown order with construction exempted.
A Cleveland newspaper reported that though construction can continue, there’s been a lot of anxiety and absenteeism among workers.
OK
Oklahoma Gov. Kevin Stitt has expanded the shutdown of nonessential business to cover the whole state, but construction remains exempt.
OR
Oregon’s statewide stay-at-home order exempts construction where it is possible to practice social distancing.
PA
Pennsylvania has halted all non-emergency or hospital-related construction across the state.
Penn Medicine has sped up construction of its $1.5 billion Philly hospital by 15 months.
RI
Rhode Island has issued a statewide stay-at-home order with construction exempted.
SC
South Carolina’s stay-at-home order exempts construction.
SD
The state has not made an official declaration regarding construction-related activity.
TN
Tennessee’s statewide stay-at-home order considers construction essential.
TX
Texas’s statewide stay-at-home order exempts construction on housing, energy projects and infrastructure, effective on April 2.
The City of Austin and several counties, such as Dallas County, have issued variances to the state’s guidance, including guidelines on what types of construction are permitted, though most residential, commercial and public works are still exempt in local orders.
UT
Utah hasn’t issued a statewide order.
VT
Vermont’s stay-at-home order only allows construction deemed necessary to support the COVID-19 response and maintain critical infrastructure, including utilities, telecommunication, airports and transportation infrastructure.
VA
Gov. Ralph Northam’s March 30 stay-at-home issuance does not directly address construction or deems construction essential.
WA
Governor Jay Inslee’s March 25 order prohibits most construction, other than work on public projects, including low-income housing and infrastructure, as well as emergency repairs.
WV
Governor Jim Justice’s guidance, as of March 24, deems most construction work essential.
WI
As of March 31, Governor Tony Evers’ order mentions that aesthetic or optional construction projects should be avoided.
WY
Governor Mark Gordon has ordered some businesses to be shut down but has not made a stance on construction.
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