October 24, 2021

Volume XI, Number 297

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October 22, 2021

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Breaking: City of Boston Announces New Protocol for Resumption of “Essential” Construction This Month

Late yesterday Boston Mayor Marty Walsh’s office announced a new protocol for re-starting city construction projects deemed “essential.” In mid-March, in response to the COVID-19 pandemic, Walsh ordered most construction in the city to cease. Since April 27, 2020, all projects involving essential construction have been required to file with the city a COVID-19 Safety Plan and an affidavit pledging to implement that plan. Starting yesterday, projects with approved safety plans and signed affidavits were allowed to begin preparing their construction sites with project-specific COVID-19 safety measures.

Under the new protocol, starting May 18, 2020, projects that (1) have all necessary permits in place, (2) have approved safety plans and signed affidavits on file, and (3) are sufficiently prepared to implement their safety plans, can resume construction, but only if the work is for:

  • hospitals;

  • public schools;

  • residential buildings of 1-3 units;

  • road and utility work; or

  • “other outdoor/open-air work such as steel erection, roofing and constructing foundations.”

Under the second phase of the city’s new protocol, starting May 26, 2020, all essential construction projects as defined by the state in emergency orders issued by Governor Charlie Baker will be allowed to resume in accordance with their approved safety plans. This much broader category of essential projects is described in Gov. Baker’s original March 23, 2020 “Essential Services and Revised Gatherings Order,” which has been amended by extension orders dated March 31, 2020 and April 28, 2020.

©2021 Pierce Atwood LLP. All rights reserved.National Law Review, Volume X, Number 127
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About this Author

Donald R. Pinto, Jr., Pierce Atwood, litigation lawyer
Partner

Don Pinto has more than 30 years of experience as a civil litigator, with a focus on complex real estate and land use disputes. He handles cases at the trial and appellate levels in the state and federal courts and before administrative agencies. Outside the courtroom Don has successfully resolved many disputes through negotiation, mediation, and arbitration.

Don is also the founder, editor, and one of several contributors to Massachusetts Dirt and Development Law, the firm's real estate blog.

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(617) 488-8175
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