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Massachusetts Closes Non-Essential Businesses Effective March 24 — Construction Designated Essential

Effective March 24th at 12:00 noon, Massachusetts is closing all non-essential businesses “physical workplaces and facilities (“brick-and-mortar premises”) through April 7, 2020.   See COVID-19 Order No. 13.

As an update to my post from Friday on Non-Essential Businesses, Massachusetts did not adopt the CISA Guidelines, but appears to have followed the structure of them.

The essential services list for Massachusetts can be found HERE.   Construction services is included as “essential” servcies as follows:

All indication is that MassDOT, MBTA, and MassPort projects are continuing (as noted by the above-referenced public works inclusion as an essential service.  During a board meeting of MassDOT, the Commissioner stated that the work is continuing but each project will be reviewed on a case-by-case basis.

This may have an impact on some private construction projects, but currently “essential” services includes “Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction.”  Additional clarification will need to be provided, but this appears to be a pretty broad description of construction services.  Of course, the City of Boston, Cambridge, and other towns bans on construction still apply.

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Thomas Dunn Construction Attorney Pierce Atwood
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Tom Dunn concentrates his practice in construction law and complex business dispute resolution representing clients in various sectors of the construction industry, including power generation, utility and road work, painting, and plumbing and mechanical work. Tom has served as trial counsel representing owners, general contractors, subcontractors, and design professionals in multiparty, complex commercial litigation in state and federal courts.  Tom splits his time between the Providence and Boston offices. 

In addition to litigation, arbitration, and mediation, Tom counsels clients...

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