Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Finding Synchronicity Between Governor Cuomo’s New Cluster Action Initiative and the NYC DOB’s Corresponding Requirements

By Virginia Trunkes on October 8, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

Synchronicity

A connecting principle,

Linked to the invisible

Almost imperceptible

Something inexpressible.

Science insusceptible

Logic so inflexible

Causally connectable

Nothing is invincible.

“The Police”, 1983.

This week, in response to the emergence of COVID-19 hot spots in downstate New York, Governor Cuomo instituted a new “cluster action initiative” to “crush” the clusters and contain the spread. New rules and restrictions, to be “in effect for a minimum of 14 days”, are designed to directly target “areas with the highest concentration of COVID cases and the surrounding communities.”

Three of the clusters identified are in Brooklyn and Queens, which boroughs have been color-coded “Red, Orange and Yellow”, depicted as concentric circles with red in the core, spreading into orange and yellow surrounding areas. In a “Red Zone”, among other things, only essential businesses are permitted to remain open; in an “Orange Zone”, “high-risk non-essential businesses, such as gyms and personal care” may not open; and in a “Yellow Zone”, technically all businesses may remain open, but many with special restrictions. (In each color-coded zone, there are specific prohibitions or precautions applicable to houses of worship, mass gatherings, indoor and outdoor dining and schools, depending on the gradation.) Presumably, construction is one of the industries that remains an “essential business” a la“Phase 1” during this year’s four-phase reopening plan, versus its earlier status, when all “non-essential construction” except “emergency construction” was compelled to shut down.

The new restrictions are to take effect in New York City “as soon as” today. A question arises as to whether the NYC Department of Buildings will issue any requirements or limitations for ongoing projects in Red Zones, above and beyond the COVID-19 safety guidelines for property owners and contractorsthat it issued on June 5, 2020. As of today’s date, there are no corresponding press releases or other indicia of updates. Hopefully, any further DOB guidelines are synchronous with the state’s initiatives and provide the clarity needed to effortlessly navigate this ever-changing situation.

Photo of Virginia Trunkes Virginia Trunkes

Virginia represents owners, construction managers, and trade contractors in the New York and New Jersey markets. Her over two decades of experience evaluating the merits of parties’ legal disputes, developing a specialty in the area of property and contractual rights with a focus…

Virginia represents owners, construction managers, and trade contractors in the New York and New Jersey markets. Her over two decades of experience evaluating the merits of parties’ legal disputes, developing a specialty in the area of property and contractual rights with a focus on construction, has resulted in successful judgments and resolutions of claims for breach of construction and design services contracts, defective design and workmanship and adjacent-neighbor construction disputes. Read her full bio here.

Read more about Virginia TrunkesEmail
Show more Show less
  • Posted in:
    Government and Public Policy
  • Blog:
    Construction Law Zone
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo