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Thomas D. Kearns


Contractual Performance During the Coronavirus Pandemic - Updated March 18

On March 18, Governor Cuomo signed an Executive order designating “construction” as an essential business activity, such that the workforce restrictions applicable to other business do not apply to construction sites.

A copy of the Executive Order can be found here.

Considering this Order, it appears unlikely that manpower shortages due to the coronavirus would be covered under applicable force majeure clauses, or would be the basis of a claim of impossibility, in construction contracts in New York.

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