On Wednesday night, Governor Inslee issued specific guidance regarding construction projects in Washington. The guidance states that “commercial and residential construction is not authorized under the Proclamation because construction is not considered to be an essential activity.” But in general, the following categories of construction may continue:

a) Construction related to essential activities as described in the order;
b) To further a public purpose related to a public entity or governmental function or facility, including but not limited to publicly financed low-income housing; or
c) To prevent spoliation and avoid damage or unsafe conditions, and address emergency repairs at both non-essential businesses and residential structures.

Even for permitted construction activity, contractors and owners must ensure appropriate social distancing between workers and supply appropriate health and worker protection measures before proceeding. We continue to monitor this situation, as there may still be further guidance as the State’s response to this pandemic evolves.