Construction Declared Essential
                           in Minnesota

AGC of Minnesota Members:

 

Today, March 25, 2020, Governor Tim Walz issued Executive Order 20-20 ("Stay Home Executive Order") directing Minnesotans to stay at home and limit movements outside their homes beyond essential needs for two weeks. The Executive Order is in effect for two weeks beginning on Friday, March 27 at 11:59 P.M. until Friday, April 10. 

The order provides an extensive list of essential services and employee designations that includes construction. Therefore, construction is NOT currently impacted by the order and subsequent closure of non-essential business. Note that among the extensive list of essential service provider designations are accounting personnel and related financial services like banking, insurance, and payroll processing. If employees cannot perform their duties by teleworking, they should take all measures to comply with physical distancing protocols and CDC recommendations. Workers who provide critical services to the people of Minnesota at this time are exempt. The exemptions are based on federal guidance, which includes construction, with some Minnesota-specific additions. 

AGC of Minnesota led the industry’s successful effort to exclude construction from the Executive Order, working with other key partners to deliver a strong and consistent message to the Administration. Today, we want to thank the Walz Administration for recognizing the important role construction services play in our economy and that our industry is well-prepared and capable of keeping the public and the construction workforce safe. Safety remains the number one priority for everyone. Please visit our website for preparedness protocols, safety precautions, employee communications, and more COVID-19 response resources.

Exempt Worker Verification Form

Essential business employees should be permitted to travel to and from work without violating the new "Stay Home" Executive Order issued by Governor Walz. AGC has developed an Exempt Worker Verification Form for all employees that verifies exempt workers accommodating their work travel. Please keep this in your vehicle, along with your business card or badge.

Public Owner Communication

The Minnesota Department of Transportation continues to operate and maintain bid letting schedules and their 2020 construction schedule. Other public owners such as the Metropolitan Council, Metropolitan Airports Commission, Department of Administration, the University of Minnesota and the Minnesota State College and University System have all responded to recent AGC of Minnesota correspondence affirming that construction projects are proceeding. AGC of Minnesota has been in touch with local units of government and guidance has been issued from the Department of Labor and Industry and the League of Minnesota Cities instructing local governments to continue inspections and permitting per usual and to consider individuals performing those functions to be essential employees. Should issues arise following this initial adjustment period that cannot be worked out directly with the owner, please email Laura Ziegler at [email protected].

Contract Delays

AGC of America has created a sample letter to provide to owners alerting of potential delays in supplies or other reasons. This notice may be required by your construction contract. Members may also find helpful the ConsensusDocs 200.1 form that you may be able to use as a rider to your contract to permit price changes (upward or downward) based upon the unforeseen events.

 

We remain Your Trusted Resource,

 

Tim Worke

CEO