Motion for Summary Judgment Gets Pooped Upon
I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever...
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Garret D. Murai
- Oct 30
- 5 min
Claims Litigated Under Government Claims Act Must "Fairly Reflect" Underlying Administrative Claim
Unlike horseshoes and hand grenades, close sometimes isn't close enough. In the next case, Hernandez v. City of Stockton, 90 Cal.App.5th...
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Garret D. Murai
- Sep 25
- 7 min
Public Contract Code Section 1104 Doesn't Apply to Implied Warranty of Correctness of Plan Claims
It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities...
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Garret D. Murai
- Sep 19
- 5 min
If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects
The “Big Four” when it comes to public works contracting on state and local projects in California are: Registration with the California...
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Garret D. Murai
- Sep 5
- 2 min
OSHA Issues Final Rule on Electronic Submission of Injury and Illness Data
The U.S. Occupational Safety and Health Administration (OSHA) has issued its final rule (Final Rule) on electronic submission of injury...
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Garret D. Murai
- Aug 21
- 1 min
Nomos LLP Partner Garret Murai Recognized by Best Lawyers®
Nomos LLP Partner Garret Murai has been recognized by Best Lawyers® in its 30th edition of The Best Lawyers in America® in the area of...
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Garret D. Murai
- Aug 9
- 7 min
Hirers Must Affirmatively Exercise Retained Control to be Liable Under Hooker Exception to Privette
Don’t drink and drive people. I mean seriously. It’s been over 40 years since California native Candace Lightner formed Mothers Against...
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Garret D. Murai
- Jul 24
- 3 min
Nomos LLP Partner Garret Murai Recognized by Super Lawyers
Nomos LLP Partner Garret Murai has been selected to the 2023 Northern California Super Lawyers list in the area of Construction...
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Garret D. Murai
- Jun 12
- 7 min
The Privette Doctrine, the Hooker Exception, and an Attack at a Construction Site
You don’t often hear about workers being attacked by ne’er-do-wells on a construction project. But, as they say, shite happens . . ....
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Garret D. Murai
- Jun 5
- 5 min
Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn
Get ready for more street signage. The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has...
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Garret D. Murai
- May 30
- 5 min
Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which...
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Garret D. Murai
- May 8
- 4 min
2023's Bank Failures: What Contractors, Material Suppliers and Equipment Lessors Can Do to Protect T
It has been a tumultuous year for the banking industry. Since the beginning of this year the industry has seen the collapse of Silicon...
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Garret D. Murai
- Apr 24
- 4 min
Claim Preclusion: The Doctrine Everyone Thinks They Know
Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t...
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Garret D. Murai
- Apr 24
- 9 min
“Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies
As they say, when it rains, it pours. Indemnity and insurance are the “Big Two” when it comes to risk avoidance on construction projects....
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Garret D. Murai
- Mar 13
- 5 min
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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