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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...
Garret D. Murai
Jan 29, 20232 min read


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...
Garret D. Murai
Jan 13, 20234 min read


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...
Garret D. Murai
Dec 19, 20229 min read


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...
Garret D. Murai
Nov 28, 20224 min read


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...
Garret D. Murai
Nov 22, 20224 min read


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...
Garret D. Murai
Oct 31, 20224 min read


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...
Garret D. Murai
Oct 31, 20228 min read


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...
Garret D. Murai
Oct 5, 20224 min read


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...
Garret D. Murai
Sep 8, 20221 min read


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...
Garret D. Murai
Aug 19, 20222 min read


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...
Garret D. Murai
Aug 2, 20221 min read


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...
Garret D. Murai
Jul 18, 20227 min read


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...
Garret D. Murai
Jul 7, 20221 min read


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...
Garret D. Murai
Jun 17, 20221 min read


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...
Garret D. Murai
Jun 12, 20226 min read


Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub
It all started with a tree. A eucalyptus tree to be exact. What followed is one of the more important cases to be decided under Business...
Garret D. Murai
May 31, 20225 min read


Weed Property Owner Gets Smoked Under Insurance Policy
When’s the last time you read your homeowner’s insurance policy? Didn’t think so. But you might consider doing so, particularly in light...
Garret D. Murai
May 1, 20227 min read


A Riveting (or at Least Insightful) Explanation of the Privette Doctrine
"The wheels of justice turn slowly, but grind exceedingly fine" - Plutarch And grind they do . . . slowly. For long time readers of the...
Garret D. Murai
Apr 25, 20229 min read


Biden Administration Issues Buy America Guidance for Federal Infrastructure Funds
As you know, late this past year Congress passed and President Biden signed the largest infrastructure bill since President Franklin D....
Garret D. Murai
Apr 18, 20222 min read


Contractor Gets Benched After Failing to Pay Jury Fees
Trial by jury is a fundamental right under the U.S. and California Constitutions. However, to avail yourself of this right, you not only...
Garret D. Murai
Apr 9, 20224 min read
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