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How is construction on a new hotel considered essential?

North CarolinaConstruction Contract Coronavirus

I am a HVAC contractor on a site for a future hotel. There is absolutely no way to follow the guidelines for social distancing or wearing the proper PPE because there are none available. No running water, 40-50+ people there daily, 2 portable bathrooms which are not clean, and having to share the same tools, space, etc with many others. The general contractor says we are essential and have to be there despite all the health risks we are putting ourselves in. Is there anything that can be done to protect ourselves without breaking contracts?

1 reply

Apr 13, 2020

Construction is broadly allowed under North Carolina's stay home order. So, on the state level, it makes sense that some construction sites might still be operating - even if the site isn't in line with current social distancing requirements or hygiene expectations. However, keep in mind that North Carolina's local ordinances supersede the statewide stay home order. So, it'd be wise to check to see if your municipal or county government has issued a more strict stay home order that might stop job site access. If you legally can't report to work, then presumably that'd allow for you to cease work without breaching the contract. Further, it might also help to review your contract to see if there's anything present that might allow for the stoppage or delay of work without breaching the agreement. Also, if you feel that the project site is unsafe (which, based on the above description, makes sense) - then you can always file a complaint with the NC Department of Labor or with OSHA. Even if the project can legally continue, it's crucial that the project site be as safe as possible for the essential workforce. Ultimately, though, to best assess your contract and whether you might be able to cease work without running into breach or other contract issues - it'd be wise to consult a local North Carolina construction attorney. They'll be more familiar with your local work restrictions and they can review your contract. After doing so, they should be able to discuss options for moving forward.

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