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What construction work is allowed to continue

By Cameron W. MacLeod, Gibbons law firm
4/09/2020

On April 8, 2020, Governor Murphy issued Executive Order 122 (EO 122), which further limited non-essential business operations throughout the state during the COVID-19 pandemic. This Executive Order halts all non-essential construction as of 8:00 PM on Friday, April 10, 2020.

The Executive Order expressly identifies those limited projects that may continue construction during the state of emergency. Of note, these include:

  • Projects necessary for the delivery of healthcare services, including, but not limited to, hospitals, other healthcare facilities, and pharmaceutical manufacturing facilities
  • Transportation projects, including roads, bridges, and mass transit facilities or physical infrastructure, including work done at airports/seaports
  • Utility projects, including those necessary for energy and electricity production and transmission, and any decommissioning of facilities used for electricity generation
  • Residential projects that are exclusively designated as affordable housing
  • Schools projects
  • Projects involving single-family homes that are under contract, or a project underway on a single-family home or single apartment where an individual already resides
  • Projects involving facilities for the manufacture, distribution, storage, or servicing of goods sold by online retailers or essential retailers
  • Projects involving data centers or facilities that are “critical” to a business’s ability to function
  • Projects necessary for the delivery of essential social services, including homeless shelters
  • Projects necessary to support law enforcement agencies or first responder units in response to…

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