Proposed Guidance to Builders and Contractors
Executive Order: 2020-21
A person who WILLFULLY disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to this section is guilty of a misdemeanor.
Based on this Order, Builders can continue:
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Projects necessary to maintain the safety, sanitation, and essential operations
of a residence during the emergency including the following:
- In the middle of building a home and need to put the roof on to protect the structure from collapse (safety)
- In the middle of remodel and the homeowners require the use of their restroom, so you finish the restroom (sanitation)
- A home is 95% built and homeowners are moving in and it is necessary to finish the electric (essential)
- Failure of a furnace, A/C, well pump, boiler, hot water heater, all can be repaired/replaced (essential, sanitary, safety)
- Can button up a site for safety and security to comply with the order, this is the minimum basic operations
- Can take minimum and temporary measures for security and weatherization: windows on site and need to dry in the house to protect from weather, putting on the exterior doors for security, putting on a roof to ensure the stability of the structure and preserve the current condition
Because residential building is not “essential” Builders cannot:
- Start a spec house because they planned to do so this week
- Resume normal excavation for projects
- Resume building custom homes
- Non-emergency maintenance or improvements to residence is not permitted
Builders can also:
- Support critical infrastructure essential workers
- Assist in framing/building a wing on a hospital
- Assist in road construction and maintenance
- Assist in supporting essential workers in agriculture, manufacturing, health industries (so if finishing a pole barn for a farmer to store necessary crop producing equipment, that would comport with the order)
Can I Lose My License If I Violate The Order?
Possibly, depending on how egregious the violation is. If you have 6 workers on a spec home in the middle of a busy neighborhood, and someone reports you, you may be subject to the criminal misdemeanor and $1000 fine from the State Health Department. You could be referred by enforcement to the state licensing agency as well who could apply a penalty to your license.
Please schedule a free initial consultation with a member of our team today by calling (888) 461-7744 or by contacting us online.

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Michael J. Willis J.D., C.P.A.
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Shaun P. Willis J.D.
Managing Partner
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Frank D. Willis J.D.
Chief Senior Counsel
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Donald H. Smith
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