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    • Garret D. Murai

    See more on Garret D. Murai

    Partner
    Nomos LLP
    www.calconstructionlawblog.com

    1111 Broadway Fl 24
    Oakland , California 94607


    Columns
    Title Category Published
    Contractor loses arbitration victory due to licensing violation Construction Aug. 2, 2024
    Second lawsuit against roofing contractor barred by claim preclusion Construction Jul. 8, 2024
    Brown v. Beach House Design & Development provides a cautionary tale for contractors Construction, Torts/Personal Injury May 7, 2024
    The fall of the Privette doctrine in landlord-tenant relationships Real Estate/Development Apr. 8, 2024
    California court interprets ‘good faith dispute’ exception for prompt payment penalties Construction, Contracts Mar. 13, 2024
    Payment bond sureties’ right to attorneys’ fees clarified Construction Feb. 5, 2024
    When it comes to collective bargaining agreements, PAGA is just different Labor/Employment Jan. 9, 2024
    A rural water district, arsenic-laden drinking water, and a story you can’t make up Contracts Dec. 18, 2023
    ABC, It's Easy As 123 - Or Is It Really Under The Mejia Case? Labor/Employment Nov. 15, 2023
    Questioning protocols of an expert witness takes a turn Construction, Evidence, Expert Advice Oct. 10, 2023
    Trees cut down by unlicensed contractors may make a sound, but not the sounds of money Construction, Contracts Sep. 11, 2023
    An opposing party’s payment of jury fees doesn’t guarantee a right to trial Constitutional Law, Law Practice Aug. 10, 2023
    Unwritten construction contracts are as risky as a triple dog dare and a frozen pole Contracts Jul. 7, 2023
    Supreme Court remands Palos Verdes bicycle accident case back to trial court, to address failure to warn claim Government, Torts/Personal Injury Jun. 7, 2023
    Three insurance firms battle it out over indemnification Insurance May 4, 2023
    A case study in what not to do when amending complaints Appellate Practice, Civil Procedure, Law Practice Apr. 10, 2023
    Pending-license, construction company not subject to B&P Code 7031 Constitutional Law, Government Mar. 9, 2023
    Subcontractor not bound to arbitrate under incorporation clause Construction, Litigation & Arbitration Feb. 6, 2023
    Post-settlement third party reports are likely binding Alternative Dispute Resolution, Construction Jan. 11, 2023
    Simple construction dispute turns into ugly McMansion of a case Construction, Ethics/Professional Responsibility Dec. 14, 2022
    Insurance contract terms can push its coverage off a cliff Construction, Insurance Nov. 9, 2022
    Design immunity doesn’t always shield liability from failure to warn Civil Litigation, Government, Torts/Personal Injury Oct. 4, 2022
    Hypothetical scenarios don’t create standing Appellate Practice, California Courts of Appeal, Law Practice Sep. 7, 2022
    Municipal design immunity is tough to beat, even for the injured Appellate Practice, Law Practice Aug. 8, 2022
    The Right to Repair Act – when and for whom does it apply? California Courts of Appeal, Civil Litigation, Torts/Personal Injury Jul. 6, 2022
    Prime contractors need to ensure subcontractors are licensed Civil Litigation, Contracts Jun. 2, 2022
    Job order contracting and public works projects Contracts, Land Use, Real Estate/Development May 4, 2022
    Multiple mechanics liens, is it offense or defense who prevails? Contracts Apr. 5, 2022
    Despite admission, roadway contractor can’t avoid liability California Courts of Appeal, Civil Litigation, Construction Mar. 8, 2022
    Unlicensed contractor work can lead to nasty disputes, harsh remedies California Courts of Appeal, Civil Litigation, Construction Feb. 8, 2022
    Lien, lien, lien on me, and don't forget your attorney fees California Courts of Appeal, Civil Litigation, Construction Jan. 4, 2022
    What’s ‘willful’ when it comes to construction litigation? Civil Litigation, Construction Dec. 7, 2021
    Beware: Higher-tiered parties can be liable for interfering with lower-tiered parties’ contracts Civil Litigation, Construction Nov. 9, 2021
    Ruling weighs in on harsh, unjust, draconian and enforceable remedy Civil Litigation, Construction Oct. 5, 2021
    Cautionary tale: unlicensed contractor dodges a bullet Civil Litigation, Construction Sep. 8, 2021
    Insurers’ obligations versus indemnitees’ obligations Civil Litigation, Construction Aug. 3, 2021
    Construction Corner: Enter equitable subrogation California Courts of Appeal, Civil Litigation, Construction Jul. 15, 2021
    Construction Corner: ‘Lifestyles of the Rich and Famous’ edition Construction Jun. 2, 2021
    Ruling examines enforceability of ‘pay-when-paid’ provisions Construction May 5, 2021
    Mechanics liens, real property and contractual interest California Courts of Appeal, Construction Apr. 8, 2021
    ‘Substantial completion’ in construction defect cases California Courts of Appeal, Construction Mar. 2, 2021
    A major difference in construction payment remedies? Timing. Civil Litigation, Constitutional Law Feb. 3, 2021
    Under what circumstances may a party ‘supplement’ its experts? Civil Litigation, Construction Jan. 5, 2021
    Can a public entity demand substitution of a subcontractor? California Courts of Appeal, Civil Litigation, Construction Dec. 3, 2020
    Appellate ruling confirms duty to defend is immediate Appellate Practice, Construction Nov. 4, 2020
    Privette doctrine rulings could be an appellate split in the making Civil Litigation, Construction, Torts/Personal Injury Oct. 6, 2020
    B&P Section 7031: A powerful remedy, but not a shield Construction Sep. 2, 2020
    Fairness does not always follow justice, including in construction law Civil Litigation, Construction Aug. 4, 2020
    When are contractor actions ‘willful’ under enforcement statutes? California Courts of Appeal, Civil Litigation, Construction Jul. 1, 2020
    Beware the difference between design, performance specifications California Courts of Appeal, Construction Jun. 3, 2020
    Substitution hearings under the Subletting and Subcontracting Fair Practices Act Civil Litigation, Construction May 7, 2020
    Give pause before requesting ‘damages according to proof’ Civil Litigation, Construction Apr. 14, 2020
    When insurers stand in the shoes of insureds for all purposes Civil Litigation, Construction, Insurance Mar. 5, 2020
    Ruling in defect case is a lesson in purchase agreement drafting Civil Litigation, Construction Feb. 4, 2020
    Contractor receives not one, but two lumps of coal Construction, Civil Litigation Jan. 3, 2020
    Class actions under California’s Right to Repair Act Construction, Civil Litigation Dec. 5, 2019
    Privette won’t always shield general contractors from liability Construction, Civil Litigation Nov. 11, 2019
    It’s tough to be a concrete supplier under California labor laws Construction, Civil Litigation Oct. 8, 2019
    Can losing bidders ever recover preparation costs? Construction Sep. 4, 2019
    When homeowners can find themselves liable as an employer California Courts of Appeal, Construction Aug. 6, 2019
    Federal construction contractors, prevailing wages and SB 954 9th U.S. Circuit Court of Appeals, Construction, Labor/Employment, Civil Litigation Jul. 2, 2019
    Before heading to court, read the directions (or here, statutes) Construction, Civil Litigation Jun. 7, 2019
    Ruling should put an end to confusion over prompt-payment laws May 7, 2019
    Ruling highlights rationale of the design immunity defense Construction, Civil Litigation Apr. 4, 2019
    Liability for injuries to employees of an independent contractor Mar. 6, 2019
    Actual and economic damages in construction defect cases Construction, Civil Litigation Feb. 6, 2019
    Suggestion for your 2019 reading list: Your insurance policy Construction, Insurance, Civil Litigation Jan. 3, 2019
    Designing claims against architects Dec. 5, 2018
    Litigating construction cases can be like making sausages Civil Rights, Construction Nov. 5, 2018
    The complicated history of asbestos regulation in the United States California Courts of Appeal, Construction, Civil Litigation Oct. 2, 2018
    Are you sure that private project isn’t public works? California Courts of Appeal, Construction, Civil Litigation Sep. 6, 2018
    Elon Musk: Eccentric engineer. Technology billionaire. And now, litigation savant Construction, Civil Litigation Aug. 13, 2018
    Insuring ongoing operations California Courts of Appeal, Construction, Insurance, Civil Litigation Jul. 10, 2018
    California courts are wrestling with lease-leaseback posers Construction, Government, Civil Litigation Jun. 12, 2018
    State Supreme Court mends split on contractor-subcontractor disputes California Supreme Court, Construction, Civil Litigation May 17, 2018
    Can an intentional act really result in an accident? California Courts of Appeal, Construction, Insurance, Civil Litigation May 8, 2018
    A win for broad indemnity (and defense) provisions Appellate Practice, California Courts of Appeal, Construction, Civil Litigation Apr. 10, 2018
    Despite loss in Right to Repair Act ruling, homeowners have options Real Estate/Development, California Courts of Appeal, California Supreme Court, Construction Mar. 13, 2018
    Intentional interference claims and losing bidders California Supreme Court, Construction, Corporate, Civil Litigation Feb. 13, 2018
    A lesson on the possibility of coverage existing California Courts of Appeal, Construction, Insurance, Civil Litigation Jan. 11, 2018
    How far will litigants stretch Right to Repair Act ruling? Appellate Practice, California Supreme Court, Construction, Corporate Dec. 12, 2017
    When the Right to Repair Act applies to suppliers California Courts of Appeal, Construction Nov. 7, 2017
    The original intent of the Privette doctrine California Courts of Appeal, Construction, Civil Litigation Oct. 10, 2017
    Indemnity provisions: a powerful tool in a contractor’s toolkit Construction, Civil Litigation Sep. 12, 2017
    Subcontractors and indemnity provisions Construction, Civil Litigation Aug. 8, 2017
    Ruling shows the battle of the many construction contracts California Courts of Appeal, Construction, Contracts Jul. 11, 2017
    'Buy American, Hire American' and construction in California Real Estate/Development Jun. 8, 2017
    'Buy American, Hire American' and construction in California Construction Jun. 6, 2017
    Promissory estoppel claims and public works bid disputes California Courts of Appeal, Construction, Corporate May 10, 2017
    Courts won't enforce it just because it's in your policy Insurance Apr. 12, 2017
    California's gender-neutral bathroom law takes effect Civil Rights Mar. 7, 2017
    New public works project dispute resolution process Construction Feb. 15, 2017
    Prompt payment statutes are a shield, not a sword Perspective Jan. 11, 2017
    'Tis the season of giving, but not for contractors GC Email Dec. 14, 2016
    When is your project 'complete' under California law? Perspective Nov. 9, 2016
    California protects contractor payments, but with a price Construction Oct. 12, 2016
    When liability reaches project owners Construction Sep. 14, 2016

    Verdicts & Settlements
    Case Name Topic Role Published
    Caicos Investments, Inc. v. Alco Iron & Metal Co. Torts Defendant Apr. 9, 2011
    Bank Julius Baer & Co. Ltd., a Swiss entity, Julius Baer Bank and Trust Co. Ltd., a Cayman Islands entity v. Wikileaks, an entity of unknown form, Dynadot LLC, a California limited liability corporation, and Does 1 through 10, inclusive Business Law Defendant Apr. 12, 2008
    John Erickson v. Edwin Torres Securities Plaintiff Nov. 10, 2007
    Dolores Harmon v. City of Oakland Employment Law Defendant Oct. 1, 2005

    MCLE
    Title Category Published
    The fall of the Privette doctrine in landlord-tenant relationships Contracts Apr. 8, 2024
    Title Category Published
    Contractor loses arbitration victory due to licensing violation Construction Aug. 2, 2024
    Second lawsuit against roofing contractor barred by claim preclusion Construction Jul. 8, 2024
    Brown v. Beach House Design & Development provides a cautionary tale for contractors Construction, Torts/Personal Injury May 7, 2024
    The fall of the Privette doctrine in landlord-tenant relationships Real Estate/Development Apr. 8, 2024
    California court interprets ‘good faith dispute’ exception for prompt payment penalties Construction, Contracts Mar. 13, 2024
    Payment bond sureties’ right to attorneys’ fees clarified Construction Feb. 5, 2024
    When it comes to collective bargaining agreements, PAGA is just different Labor/Employment Jan. 9, 2024
    A rural water district, arsenic-laden drinking water, and a story you can’t make up Contracts Dec. 18, 2023
    ABC, It's Easy As 123 - Or Is It Really Under The Mejia Case? Labor/Employment Nov. 15, 2023
    Questioning protocols of an expert witness takes a turn Construction, Evidence, Expert Advice Oct. 10, 2023
    Trees cut down by unlicensed contractors may make a sound, but not the sounds of money Construction, Contracts Sep. 11, 2023
    An opposing party’s payment of jury fees doesn’t guarantee a right to trial Constitutional Law, Law Practice Aug. 10, 2023
    Unwritten construction contracts are as risky as a triple dog dare and a frozen pole Contracts Jul. 7, 2023
    Supreme Court remands Palos Verdes bicycle accident case back to trial court, to address failure to warn claim Government, Torts/Personal Injury Jun. 7, 2023
    Three insurance firms battle it out over indemnification Insurance May 4, 2023
    A case study in what not to do when amending complaints Appellate Practice, Civil Procedure, Law Practice Apr. 10, 2023
    Pending-license, construction company not subject to B&P Code 7031 Constitutional Law, Government Mar. 9, 2023
    Subcontractor not bound to arbitrate under incorporation clause Construction, Litigation & Arbitration Feb. 6, 2023
    Post-settlement third party reports are likely binding Alternative Dispute Resolution, Construction Jan. 11, 2023
    Simple construction dispute turns into ugly McMansion of a case Construction, Ethics/Professional Responsibility Dec. 14, 2022
    Insurance contract terms can push its coverage off a cliff Construction, Insurance Nov. 9, 2022
    Design immunity doesn’t always shield liability from failure to warn Civil Litigation, Government, Torts/Personal Injury Oct. 4, 2022
    Hypothetical scenarios don’t create standing Appellate Practice, California Courts of Appeal, Law Practice Sep. 7, 2022
    Municipal design immunity is tough to beat, even for the injured Appellate Practice, Law Practice Aug. 8, 2022
    The Right to Repair Act – when and for whom does it apply? California Courts of Appeal, Civil Litigation, Torts/Personal Injury Jul. 6, 2022
    Prime contractors need to ensure subcontractors are licensed Civil Litigation, Contracts Jun. 2, 2022
    Job order contracting and public works projects Contracts, Land Use, Real Estate/Development May 4, 2022
    Multiple mechanics liens, is it offense or defense who prevails? Contracts Apr. 5, 2022
    Despite admission, roadway contractor can’t avoid liability California Courts of Appeal, Civil Litigation, Construction Mar. 8, 2022
    Unlicensed contractor work can lead to nasty disputes, harsh remedies California Courts of Appeal, Civil Litigation, Construction Feb. 8, 2022
    Lien, lien, lien on me, and don't forget your attorney fees California Courts of Appeal, Civil Litigation, Construction Jan. 4, 2022
    What’s ‘willful’ when it comes to construction litigation? Civil Litigation, Construction Dec. 7, 2021
    Beware: Higher-tiered parties can be liable for interfering with lower-tiered parties’ contracts Civil Litigation, Construction Nov. 9, 2021
    Ruling weighs in on harsh, unjust, draconian and enforceable remedy Civil Litigation, Construction Oct. 5, 2021
    Cautionary tale: unlicensed contractor dodges a bullet Civil Litigation, Construction Sep. 8, 2021
    Insurers’ obligations versus indemnitees’ obligations Civil Litigation, Construction Aug. 3, 2021
    Construction Corner: Enter equitable subrogation California Courts of Appeal, Civil Litigation, Construction Jul. 15, 2021
    Construction Corner: ‘Lifestyles of the Rich and Famous’ edition Construction Jun. 2, 2021
    Ruling examines enforceability of ‘pay-when-paid’ provisions Construction May 5, 2021
    Mechanics liens, real property and contractual interest California Courts of Appeal, Construction Apr. 8, 2021
    ‘Substantial completion’ in construction defect cases California Courts of Appeal, Construction Mar. 2, 2021
    A major difference in construction payment remedies? Timing. Civil Litigation, Constitutional Law Feb. 3, 2021
    Under what circumstances may a party ‘supplement’ its experts? Civil Litigation, Construction Jan. 5, 2021
    Can a public entity demand substitution of a subcontractor? California Courts of Appeal, Civil Litigation, Construction Dec. 3, 2020
    Appellate ruling confirms duty to defend is immediate Appellate Practice, Construction Nov. 4, 2020
    Privette doctrine rulings could be an appellate split in the making Civil Litigation, Construction, Torts/Personal Injury Oct. 6, 2020
    B&P Section 7031: A powerful remedy, but not a shield Construction Sep. 2, 2020
    Fairness does not always follow justice, including in construction law Civil Litigation, Construction Aug. 4, 2020
    When are contractor actions ‘willful’ under enforcement statutes? California Courts of Appeal, Civil Litigation, Construction Jul. 1, 2020
    Beware the difference between design, performance specifications California Courts of Appeal, Construction Jun. 3, 2020
    Substitution hearings under the Subletting and Subcontracting Fair Practices Act Civil Litigation, Construction May 7, 2020
    Give pause before requesting ‘damages according to proof’ Civil Litigation, Construction Apr. 14, 2020
    When insurers stand in the shoes of insureds for all purposes Civil Litigation, Construction, Insurance Mar. 5, 2020
    Ruling in defect case is a lesson in purchase agreement drafting Civil Litigation, Construction Feb. 4, 2020
    Contractor receives not one, but two lumps of coal Construction, Civil Litigation Jan. 3, 2020
    Class actions under California’s Right to Repair Act Construction, Civil Litigation Dec. 5, 2019
    Privette won’t always shield general contractors from liability Construction, Civil Litigation Nov. 11, 2019
    It’s tough to be a concrete supplier under California labor laws Construction, Civil Litigation Oct. 8, 2019
    Can losing bidders ever recover preparation costs? Construction Sep. 4, 2019
    When homeowners can find themselves liable as an employer California Courts of Appeal, Construction Aug. 6, 2019
    Federal construction contractors, prevailing wages and SB 954 9th U.S. Circuit Court of Appeals, Construction, Labor/Employment, Civil Litigation Jul. 2, 2019
    Before heading to court, read the directions (or here, statutes) Construction, Civil Litigation Jun. 7, 2019
    Ruling should put an end to confusion over prompt-payment laws May 7, 2019
    Ruling highlights rationale of the design immunity defense Construction, Civil Litigation Apr. 4, 2019
    Liability for injuries to employees of an independent contractor Mar. 6, 2019
    Actual and economic damages in construction defect cases Construction, Civil Litigation Feb. 6, 2019
    Suggestion for your 2019 reading list: Your insurance policy Construction, Insurance, Civil Litigation Jan. 3, 2019
    Designing claims against architects Dec. 5, 2018
    Litigating construction cases can be like making sausages Civil Rights, Construction Nov. 5, 2018
    The complicated history of asbestos regulation in the United States California Courts of Appeal, Construction, Civil Litigation Oct. 2, 2018
    Are you sure that private project isn’t public works? California Courts of Appeal, Construction, Civil Litigation Sep. 6, 2018
    Elon Musk: Eccentric engineer. Technology billionaire. And now, litigation savant Construction, Civil Litigation Aug. 13, 2018
    Insuring ongoing operations California Courts of Appeal, Construction, Insurance, Civil Litigation Jul. 10, 2018
    California courts are wrestling with lease-leaseback posers Construction, Government, Civil Litigation Jun. 12, 2018
    State Supreme Court mends split on contractor-subcontractor disputes California Supreme Court, Construction, Civil Litigation May 17, 2018
    Can an intentional act really result in an accident? California Courts of Appeal, Construction, Insurance, Civil Litigation May 8, 2018
    A win for broad indemnity (and defense) provisions Appellate Practice, California Courts of Appeal, Construction, Civil Litigation Apr. 10, 2018
    Despite loss in Right to Repair Act ruling, homeowners have options Real Estate/Development, California Courts of Appeal, California Supreme Court, Construction Mar. 13, 2018
    Intentional interference claims and losing bidders California Supreme Court, Construction, Corporate, Civil Litigation Feb. 13, 2018
    A lesson on the possibility of coverage existing California Courts of Appeal, Construction, Insurance, Civil Litigation Jan. 11, 2018
    How far will litigants stretch Right to Repair Act ruling? Appellate Practice, California Supreme Court, Construction, Corporate Dec. 12, 2017
    When the Right to Repair Act applies to suppliers California Courts of Appeal, Construction Nov. 7, 2017
    The original intent of the Privette doctrine California Courts of Appeal, Construction, Civil Litigation Oct. 10, 2017
    Indemnity provisions: a powerful tool in a contractor’s toolkit Construction, Civil Litigation Sep. 12, 2017
    Subcontractors and indemnity provisions Construction, Civil Litigation Aug. 8, 2017
    Ruling shows the battle of the many construction contracts California Courts of Appeal, Construction, Contracts Jul. 11, 2017
    'Buy American, Hire American' and construction in California Real Estate/Development Jun. 8, 2017
    'Buy American, Hire American' and construction in California Construction Jun. 6, 2017
    Promissory estoppel claims and public works bid disputes California Courts of Appeal, Construction, Corporate May 10, 2017
    Courts won't enforce it just because it's in your policy Insurance Apr. 12, 2017
    California's gender-neutral bathroom law takes effect Civil Rights Mar. 7, 2017
    New public works project dispute resolution process Construction Feb. 15, 2017
    Prompt payment statutes are a shield, not a sword Perspective Jan. 11, 2017
    'Tis the season of giving, but not for contractors GC Email Dec. 14, 2016
    When is your project 'complete' under California law? Perspective Nov. 9, 2016
    California protects contractor payments, but with a price Construction Oct. 12, 2016
    When liability reaches project owners Construction Sep. 14, 2016
    Title Category Published
    The fall of the Privette doctrine in landlord-tenant relationships Contracts Apr. 8, 2024
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