Yesterday, in response to the COVID-19 outbreak, New Hampshire Governor Chris Sununu issued an emergency order shuttering all non-essential businesses in the state effective today. This morning, the governor's office released a list of industries that provide essential services, which includes the construction industry.

According to this new guidance on essential workers, anyone who "supports the construction, operation, inspection and maintenance of construction sites and construction projects (including housing construction)" is covered under the essential industry classification. Gov. Sununu's release allows for entities classified as essential to "continue to operate with necessary staff to complete critical and essential functions."

Due to the nature of the COVID-19 outbreak, essential services are strongly encouraged to follow social distancing protocols for employees including prohibiting gatherings of 10 or more, keeping personnel at least 6 feet apart, and encouraging employees to stay at home if they are sick or sending sick employees home. All businesses, including those deemed essential, are encouraged to work remotely if possible.

As with all emergency orders, there are nuances that will come into play in the coming weeks. If you have questions regarding Gov. Sununu's order or any other issue surrounding the COVID-19 virus, please contact Ken Rubinstein, or another member of Preti Flaherty's Construction Law Group.