Massachusetts COVID-19 Response: Governor Baker Issues Guidance for Construction as “Essential Services”

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Governor Baker’s office issued a guidance letter on March 25, 2020 in an attempt to resolve confusion in the Commonwealth concerning whether construction activities are essential services and may continue amid the shut-down of non-essential businesses.  

The bottom line is that all construction is deemed essential, and it is the Commonwealth’s position that its order supersedes those of cities and towns, such as Boston, Cambridge and Somerville, which have halted construction activities.  Although the Commonwealth believes its position is clear now, those three cities have not lifted their bans and, in fact, yesterday Boston and Somerville issued directives affirmatively extending their bans. Companies are cautioned against proceeding with construction activities in Boston, Cambridge or Somerville unless they fit within one of the cities’ exceptions or further guidance from the cities is issued.  

Governor Baker’s guidance letter also details policies and safety procedures that must be implemented on all construction projects in the Commonwealth. Project owners and contractors should take care to heed this directive.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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