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Hirer Not Liable Where it Had Knowledge of Condition, but not that Condition was a Concealed Hazard
The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court , 5 Cal.4th 698 (1993), provides a...
Garret D. Murai
Dec 4, 20238 min read


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...
Garret D. Murai
Dec 1, 20234 min read


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...
Garret D. Murai
Oct 30, 20235 min read


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...
Garret D. Murai
Sep 25, 20237 min read


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...
Garret D. Murai
Sep 19, 20235 min read


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...
Garret D. Murai
Sep 5, 20232 min read


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...
Garret D. Murai
Aug 21, 20231 min read


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...
Garret D. Murai
Aug 9, 20237 min read


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...
Garret D. Murai
Jul 24, 20233 min read


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 . . ....
Garret D. Murai
Jun 12, 20237 min read


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...
Garret D. Murai
Jun 5, 20235 min read


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...
Garret D. Murai
May 30, 20235 min read


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...
Garret D. Murai
May 8, 20234 min read


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...
Garret D. Murai
Apr 24, 20234 min read


“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....
Garret D. Murai
Apr 24, 20239 min read


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...
Garret D. Murai
Mar 13, 20235 min read


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...
Garret D. Murai
Mar 6, 20238 min read


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...
Garret D. Murai
Feb 27, 20233 min read


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...
Garret D. Murai
Feb 20, 20235 min read


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...
Garret D. Murai
Feb 13, 20236 min read
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