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FIFTH UPDATE: Construction in the Age of Coronavirus

March 30, 2020
Client Alert

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On Friday, March 27, 2020, Pennsylvania issued some new guidance regarding construction activities in Pennsylvania.

The Governor amended the frequently asked questions (FAQ) regarding which businesses may continue physical operations. In relation to residential construction, the new guidance offers the following:

May I complete my customer’s residential construction project?

Residential construction projects that are substantially complete may continue to completion. For all other residential construction projects limited activities may continue to the extent necessary to stabilize the site, temporarily prevent weather damage, or make emergency repairs only. Projects that are “substantially completed” are those projects that have been issued a final occupancy permit. No new residential construction projects may be started.

The Pennsylvania Department of Education announced new guidance relating to school construction. The DOE website now offers the following guidance:

Must school districts seek a formal exemption through the Pennsylvania Department of Community and Economic Development (DCED) to continue construction projects?

School districts should use best judgment in exercising their authority to continue critical construction projects and should not seek a formal exemption through DCED. All school district construction decisions should appropriately balance public health and safety while ensuring the continued safety of critical infrastructure. School districts and the contractors must ensure continuance of and compliance with the social distancing and other mitigation measures to protect employees and the public, including virtual and telework operations (e.g. work from home) as the primary option when available, as have been or will be established by the Department of Health and the Centers for Disease Control and Prevention. In-person work is only to be performed on the most limited basis possible.

Information contained in this publication should not be construed as legal advice or opinion or as a substitute for the advice of counsel. The articles by these authors may have first appeared in other publications. The content provided is for educational and informational purposes for the use of clients and others who may be interested in the subject matter. We recommend that readers seek specific advice from counsel about particular matters of interest.

Copyright © 2020 Stradley Ronon Stevens & Young, LLP. All rights reserved.

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