Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned
It seems like we’ve been seeing a lot of Privette doctrine cases recently. Here’s another, Brown v. Beach House Design & Development, 85...
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Garret D. Murai
- Mar 6
- 8 min
Court of Appeal: Privette Doctrine Does Not Apply to Landlord-Tenant Relationships
We’ve talked a fair bit about the Privette doctrine which provides for a rebuttable presumption that a hirer is not liable for workplace...
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Garret D. Murai
- Feb 27
- 3 min
Professor for a Day
I had the unique opportunity this past week to lecture at USC at the invitation of Professor Alan Croll. Professor Croll is an attorney...
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Garret D. Murai
- Feb 20
- 5 min
Show Me the Money: The Good Faith Dispute Exception to Prompt Payment Penalties
California has a number of prompt payment penalty statuteson the books. Among them is Civil Code section 8800 which requires project...
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Garret D. Murai
- Feb 13
- 6 min
Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine
We’ve written before about the Privette doctrine, which establishes a presumption that a hirer of an independent contractor delegates to...
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Garret D. Murai
- Jan 29
- 2 min
2023 Construction Outlook: Construction Starts Expected to Flatten
There’s a lot to worry about going into 2023 according to Dodge Data & Analytics in its 2023 Construction Industry Outlook: Inflation...
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Garret D. Murai
- Jan 13
- 4 min
Payment Bond Surety Entitled to Award of Attorneys' Fees Although Defended by Principal
For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public...
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Garret D. Murai
- Dec 19, 2022
- 9 min
2023 Construction Law Update
As we approach 2023 we want to wish you and yours a happy holiday season. A total of 1,726 bills were introduced during the second half...
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Garret D. Murai
- Nov 28, 2022
- 4 min
PAGA Right of Action Not Applicable to Construction Workers Under Collective Bargaining Agreement
California is one of the most employee-friendly states in the country. From strict hiring laws (don’t think about asking about an...
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Garret D. Murai
- Nov 22, 2022
- 4 min
The Right to Repair Act Means What it Says and Says What it Means
A rather short case for a short week. In Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 82 Cal.App.5th 303 (2022), the 4th...
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Garret D. Murai
- Oct 31, 2022
- 4 min
A Trivial Case
Construction defect cases leading to physical injury are rarely trivial, at least in the eyes of the injured party, but alas sometimes...
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Garret D. Murai
- Oct 31, 2022
- 8 min
Violation of Prompt Payment Statutes Not a Breach of Contract. But That's Not the Interesting Part
While construction projects can get messy, they don’t get much messier than the next case, which, while involving a fairly limited legal...
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Garret D. Murai
- Oct 5, 2022
- 4 min
Independent Contractor v. Employee. The “ABC Test” Does Not Include a Threshold Hiring Entity Test
In 2018, in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), the California Supreme Court overturned nearly thirty...
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Garret D. Murai
- Sep 8, 2022
- 1 min
Garret Murai Discusses the Mechanics of Mechanics Liens on Thompson Reuters
Thompson Reuters, which many of us lawyers know through their legal research platform Westlaw, has released a video presentation I gave...
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Garret D. Murai
- Aug 19, 2022
- 2 min
AIA Releases State-Specific Waiver and Release Forms
The American Institute of Architects (AIA) has released a new series of state-specific waiver and release forms including forms for...
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Garret D. Murai
- Aug 2, 2022
- 1 min
Practical Law Interview With Garret Murai
I wanted to thank Practical Law, one of several companies under the Thompson Reuters’, of Westlaw fame, umbrella, for interviewing me as...
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Garret D. Murai
- Jul 18, 2022
- 7 min
Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
It's not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether...
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Garret D. Murai
- Jul 7, 2022
- 1 min
Nomos LLP Partner Garret Murai Recognized by Super Lawyers
Nomos LLP Partner Garret Murai has been recognized as a 2022 Northern California Super Lawyers honoree in the area of Construction...
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Garret D. Murai
- Jun 17, 2022
- 1 min
Buy Clean California Act Takes Effect on July 1, 2022
The Buy Clean California Act (BCCA) - Public Contract Code section 3500 et seq. - requires state agencies to consider the carbon content...
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Garret D. Murai
- Jun 12, 2022
- 6 min
Death, Taxes and Attorneys' Fees in Construction Disputes
According to Benjamin Franklin there are no certainties in this world except death and taxes. Let me humbly add a third if you're ever...
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