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State Issued Shutdown Orders for Non-Essential Business Updates

AED is providing these orders and the association’s analysis as a service to AED members. However, it’s advised that companies consult with local counsel to ensure compliance with all state and local orders and to determine the status of your business. The below is not legal advice.

AED is updating this page each evening. Please check back frequently for the latest.

New York (last updated March 24, 2020)

New York’s governor has ordered non-essential businesses to cease operations. However, essential businesses may continue.

AED believes most construction equipment dealers can remain open: “Other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes.”

New York’s order was covered extensively in a recent AED webinar.  The slides and the recording are available for viewing.

Louisiana (last updated March 24, 2020)

Louisiana’s governor has ordered non-essential businesses to cease operations. However, essential businesses may continue.

AED believes most construction equipment dealers can remain open: “Manufacture, distribution, and supply chain for critical products and industries” including the construction and energy sector.

Louisiana’s order was covered extensively in a recent Webinar. The slides and the recording are available for viewing.

Delaware (last updated March 24, 2020)

Delaware’s governor has ordered non-essential businesses to cease operations. However, essential businesses may continue.

The order allows most AED members to remain open: “Machinery, Equipment, and Supplies Merchant Wholesalers” and most construction projects are allowed to continue.

AED believes provision covers most construction equipment dealers and is one of several categories equipment distributors could use to justify an essential determination.

Wisconsin (last updated March 24, 2020)

Wisconsin’s governor ordered non-essential businesses to cease operations. However, essential businesses may continue.

The order deems as essential most AED members:

Pennsylvania (last updated March 24, 2020)

Pennsylvania’s governor has ordered all “non-life sustaining” businesses to cease operations.

The order allows most AED members to remain open: “Machinery, Equipment, and Supplies Merchant Wholesalers.” However, construction projects are unable to continue except for emergency repairs and construction of health care facilities.

AED believes provision covers allows construction equipment dealers to remain open.

Pennsylvania’s order was covered extensively in a recent AED webinar.  The slides and the recording are available for viewing.

Indiana (last updated March 23, 2020)

Indiana’s governor ordered non-essential businesses to cease operations. However, essential businesses may continue to operate.

The order specifically mentions manufacturers, distributors and supplies of products and services for the construction industry:

Manufacture, Distribution, and Supply Chain for Critical Products and Industries

Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries, such as healthcare, pharmaceutical, technology, biotechnology, chemicals and sanitization, agriculture, waste pickup and disposal, food and beverage, transportation, energy, steel and steel products, petroleum, fuel, mining, construction, national defense, communications and products used by other Essential Businesses and Operations.

AED believes the provision covers most construction equipment dealers and is one of several categories equipment distributors could use to justify an essential determination.

Michigan (last updated March 23, 2020)

Michigan’s governor ordered non-essential businesses to cease operations. However, essential businesses may continue.

The order cites the Cybersecurity & Infrastructure Security Agency (CISA) guidelines that deems essential:

“Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues.”

AED believes provision covers most construction equipment dealers and is one of several categories equipment distributors could use to justify an essential determination.

Maryland (last updated March 23, 2020)

Maryland’s governor ordered non-essential businesses to cease operations. However, essential business activities may continue.

The order explicitly deems construction equipment dealers essential:

Companies that supply parts, or provide maintenance and repair services for transportation assets and infrastructure, including aircraft, marine vessels, locomotives, rail cars, trucks, buses, cars, heavy equipment, roads, bridges, tunnels, airports, air strips, marine terminals, railroads.

AED believes provision covers most construction equipment dealers and is one of several categories equipment distributors could use to justify an essential determination.

Massachusetts (last updated March 23, 2020)

Massachusetts’ governor ordered non-essential businesses to cease operations. However, essential businesses may continue.

The order deems most construction workers essential and contains language similar to the federal government’s Cybersecurity & Infrastructure Security Agency (CISA) guidelines that deems essential:

“Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues.”

AED believes provision covers most construction equipment dealers and is one of several categories equipment distributors could use to justify an essential determination.

It’s unclear how this order impacts construction bans, such as that in Boston.