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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
Construction Torts/Personal Injury, Construction Torts/Personal Injury, Labor/Employment Government, Civil Procedure Construction Construction Torts/Personal Injury, Construction Torts/Personal Injury, Construction, California Supreme Court Torts/Personal Injury, Government Construction Construction Torts/Personal Injury, Construction Real Estate/Development Contracts Labor/Employment Expert Advice, Evidence, Construction Contracts, Construction Law Practice, Constitutional Law Contracts Torts/Personal Injury, Government Insurance Law Practice, Civil Procedure, Appellate Practice Government, Constitutional Law Litigation & Arbitration, Construction Construction, Alternative Dispute Resolution Insurance, Construction Torts/Personal Injury, Government, Civil Litigation Law Practice, California Courts of Appeal, Appellate Practice Law Practice, Appellate Practice Torts/Personal Injury, Civil Litigation, California Courts of Appeal Contracts, Civil Litigation Real Estate/Development, Land Use, Contracts Contracts Construction, Civil Litigation, California Courts of Appeal Construction, Civil Litigation, California Courts of Appeal Construction, Civil Litigation, California Courts of Appeal Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation, California Courts of Appeal Construction Construction Construction, California Courts of Appeal Construction, California Courts of Appeal Constitutional Law, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation, California Courts of Appeal Construction, Appellate Practice Torts/Personal Injury, Construction, Civil Litigation Construction Construction, Civil Litigation Construction, Civil Litigation, California Courts of Appeal Construction, California Courts of Appeal Construction, Civil Litigation Construction, Civil Litigation Insurance, Construction, Civil Litigation Construction, Civil Litigation Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Construction Construction Construction, California Courts of Appeal Civil Litigation, Labor/Employment, Construction, 9th U.S. Circuit Court of Appeals Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Insurance, Construction Construction, Civil Rights Civil Litigation, Construction, California Courts of Appeal Civil Litigation, Construction, California Courts of Appeal Civil Litigation, Construction Civil Litigation, Insurance, Construction, California Courts of Appeal Civil Litigation, Government, Construction Civil Litigation, Construction, California Supreme Court Civil Litigation, Insurance, Construction, California Courts of Appeal Civil Litigation, Construction, California Courts of Appeal, Appellate Practice Real Estate/Development, Construction, California Supreme Court, California Courts of Appeal Civil Litigation, Corporate, Construction, California Supreme Court Civil Litigation, Insurance, Construction, California Courts of Appeal Corporate, Construction, California Supreme Court, Appellate Practice Construction, California Courts of Appeal Civil Litigation, Construction, California Courts of Appeal Civil Litigation, Construction Civil Litigation, Construction Contracts, Construction, California Courts of Appeal Real Estate/Development Construction Corporate, Construction, California Courts of Appeal Insurance Civil Rights Construction Perspective GC Email Perspective Construction Construction
Title Category Published
You say tomato, I say to-mah-toApr. 9, 2025
Chain reaction: Who's really at fault in the scissor lift fall?Mar. 5, 2025
Why hirers can't escape liability under the Privette doctrineFeb. 14, 2025
Close enough doesn't cut it: Why precision matters in government claimsJan. 7, 2025
Cracks in the code: When design meets construction and blameDec. 4, 2024
California court upholds debarment of contractors for apprenticeship violationsNov. 12, 2024
General contractor and project owner held liable after worker attacked on job siteOct. 9, 2024
Lawsuit by families of Pepperdine students could put recent State Supreme Court case to the testSep. 23, 2024
Get ready for increased street signageSep. 10, 2024
Contractor loses arbitration victory due to licensing violationAug. 2, 2024
Second lawsuit against roofing contractor barred by claim preclusionJul. 8, 2024
Brown v. Beach House Design & Development provides a cautionary tale for contractorsMay 7, 2024
The fall of the Privette doctrine in landlord-tenant relationshipsApr. 8, 2024
California court interprets ‘good faith dispute’ exception for prompt payment penalties Mar. 13, 2024
Payment bond sureties’ right to attorneys’ fees clarified Feb. 5, 2024
When it comes to collective bargaining agreements, PAGA is just different Jan. 9, 2024
A rural water district, arsenic-laden drinking water, and a story you can’t make upDec. 18, 2023
ABC, It's Easy As 123 - Or Is It Really Under The Mejia Case? Nov. 15, 2023
Questioning protocols of an expert witness takes a turnOct. 10, 2023
Trees cut down by unlicensed contractors may make a sound, but not the sounds of moneySep. 11, 2023
An opposing party’s payment of jury fees doesn’t guarantee a right to trialAug. 10, 2023
Unwritten construction contracts are as risky as a triple dog dare and a frozen poleJul. 7, 2023
Supreme Court remands Palos Verdes bicycle accident case back to trial court, to address failure to warn claimJun. 7, 2023
Three insurance firms battle it out over indemnificationMay 4, 2023
A case study in what not to do when amending complaintsApr. 10, 2023
Pending-license, construction company not subject to B&P Code 7031Mar. 9, 2023
Subcontractor not bound to arbitrate under incorporation clauseFeb. 6, 2023
Post-settlement third party reports are likely bindingJan. 11, 2023
Simple construction dispute turns into ugly McMansion of a case Dec. 14, 2022
Insurance contract terms can push its coverage off a cliffNov. 9, 2022
Design immunity doesn’t always shield liability from failure to warnOct. 4, 2022
Hypothetical scenarios don’t create standingSep. 7, 2022
Municipal design immunity is tough to beat, even for the injuredAug. 8, 2022
The Right to Repair Act – when and for whom does it apply?Jul. 6, 2022
Prime contractors need to ensure subcontractors are licensedJun. 2, 2022
Job order contracting and public works projectsMay 4, 2022
Multiple mechanics liens, is it offense or defense who prevails?Apr. 5, 2022
Despite admission, roadway contractor can’t avoid liabilityMar. 8, 2022
Unlicensed contractor work can lead to nasty disputes, harsh remediesFeb. 8, 2022
Lien, lien, lien on me, and don't forget your attorney feesJan. 4, 2022
What’s ‘willful’ when it comes to construction litigation?Dec. 7, 2021
Beware: Higher-tiered parties can be liable for interfering with lower-tiered parties’ contractsNov. 9, 2021
Ruling weighs in on harsh, unjust, draconian and enforceable remedyOct. 5, 2021
Cautionary tale: unlicensed contractor dodges a bulletSep. 8, 2021
Insurers’ obligations versus indemnitees’ obligationsAug. 3, 2021
Construction Corner: Enter equitable subrogationJul. 15, 2021
Construction Corner: ‘Lifestyles of the Rich and Famous’ editionJun. 2, 2021
Ruling examines enforceability of ‘pay-when-paid’ provisionsMay 5, 2021
Mechanics liens, real property and contractual interestApr. 8, 2021
‘Substantial completion’ in construction defect casesMar. 2, 2021
A major difference in construction payment remedies? Timing.Feb. 3, 2021
Under what circumstances may a party ‘supplement’ its experts?Jan. 5, 2021
Can a public entity demand substitution of a subcontractor?Dec. 3, 2020
Appellate ruling confirms duty to defend is immediateNov. 4, 2020
Privette doctrine rulings could be an appellate split in the makingOct. 6, 2020
B&P Section 7031: A powerful remedy, but not a shieldSep. 2, 2020
Fairness does not always follow justice, including in construction lawAug. 4, 2020
When are contractor actions ‘willful’ under enforcement statutes?Jul. 1, 2020
Beware the difference between design, performance specificationsJun. 3, 2020
Substitution hearings under the Subletting and Subcontracting Fair Practices ActMay 7, 2020
Give pause before requesting ‘damages according to proof’Apr. 14, 2020
When insurers stand in the shoes of insureds for all purposesMar. 5, 2020
Ruling in defect case is a lesson in purchase agreement draftingFeb. 4, 2020
Contractor receives not one, but two lumps of coalJan. 3, 2020
Class actions under California’s Right to Repair ActDec. 5, 2019
Privette won’t always shield general contractors from liabilityNov. 11, 2019
It’s tough to be a concrete supplier under California labor lawsOct. 8, 2019
Can losing bidders ever recover preparation costs?Sep. 4, 2019
When homeowners can find themselves liable as an employerAug. 6, 2019
Federal construction contractors, prevailing wages and SB 954Jul. 2, 2019
Before heading to court, read the directions (or here, statutes)Jun. 7, 2019
Ruling should put an end to confusion over prompt-payment laws May 7, 2019
Ruling highlights rationale of the design immunity defenseApr. 4, 2019
Liability for injuries to employees of an independent contractor Mar. 6, 2019
Actual and economic damages in construction defect casesFeb. 6, 2019
Suggestion for your 2019 reading list: Your insurance policyJan. 3, 2019
Designing claims against architects Dec. 5, 2018
Litigating construction cases can be like making sausagesNov. 5, 2018
The complicated history of asbestos regulation in the United StatesOct. 2, 2018
Are you sure that private project isn’t public works?Sep. 6, 2018
Elon Musk: Eccentric engineer. Technology billionaire. And now, litigation savantAug. 13, 2018
Insuring ongoing operationsJul. 10, 2018
California courts are wrestling with lease-leaseback posersJun. 12, 2018
State Supreme Court mends split on contractor-subcontractor disputesMay 17, 2018
Can an intentional act really result in an accident?May 8, 2018
A win for broad indemnity (and defense) provisionsApr. 10, 2018
Despite loss in Right to Repair Act ruling, homeowners have optionsMar. 13, 2018
Intentional interference claims and losing biddersFeb. 13, 2018
A lesson on the possibility of coverage existingJan. 11, 2018
How far will litigants stretch Right to Repair Act ruling?Dec. 12, 2017
When the Right to Repair Act applies to suppliersNov. 7, 2017
The original intent of the Privette doctrineOct. 10, 2017
Indemnity provisions: a powerful tool in a contractor’s toolkitSep. 12, 2017
Subcontractors and indemnity provisionsAug. 8, 2017
Ruling shows the battle of the many construction contractsJul. 11, 2017
'Buy American, Hire American' and construction in California Jun. 8, 2017
'Buy American, Hire American' and construction in CaliforniaJun. 6, 2017
Promissory estoppel claims and public works bid disputes May 10, 2017
Courts won't enforce it just because it's in your policy Apr. 12, 2017
California's gender-neutral bathroom law takes effect Mar. 7, 2017
New public works project dispute resolution process Feb. 15, 2017
Prompt payment statutes are a shield, not a sword Jan. 11, 2017
'Tis the season of giving, but not for contractors Dec. 14, 2016
When is your project 'complete' under California law? Nov. 9, 2016
California protects contractor payments, but with a price Oct. 12, 2016
When liability reaches project owners Sep. 14, 2016

Verdicts & Settlements

MCLE
Title Category Published
The fall of the Privette doctrine in landlord-tenant relationships Contracts Apr. 8, 2024
Construction Torts/Personal Injury, Construction Torts/Personal Injury, Labor/Employment Government, Civil Procedure Construction Construction Torts/Personal Injury, Construction Torts/Personal Injury, Construction, California Supreme Court Torts/Personal Injury, Government Construction Construction Torts/Personal Injury, Construction Real Estate/Development Contracts Labor/Employment Expert Advice, Evidence, Construction Contracts, Construction Law Practice, Constitutional Law Contracts Torts/Personal Injury, Government Insurance Law Practice, Civil Procedure, Appellate Practice Government, Constitutional Law Litigation & Arbitration, Construction Construction, Alternative Dispute Resolution Insurance, Construction Torts/Personal Injury, Government, Civil Litigation Law Practice, California Courts of Appeal, Appellate Practice Law Practice, Appellate Practice Torts/Personal Injury, Civil Litigation, California Courts of Appeal Contracts, Civil Litigation Real Estate/Development, Land Use, Contracts Contracts Construction, Civil Litigation, California Courts of Appeal Construction, Civil Litigation, California Courts of Appeal Construction, Civil Litigation, California Courts of Appeal Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation, California Courts of Appeal Construction Construction Construction, California Courts of Appeal Construction, California Courts of Appeal Constitutional Law, Civil Litigation Construction, Civil Litigation Construction, Civil Litigation, California Courts of Appeal Construction, Appellate Practice Torts/Personal Injury, Construction, Civil Litigation Construction Construction, Civil Litigation Construction, Civil Litigation, California Courts of Appeal Construction, California Courts of Appeal Construction, Civil Litigation Construction, Civil Litigation Insurance, Construction, Civil Litigation Construction, Civil Litigation Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Construction Construction Construction, California Courts of Appeal Civil Litigation, Labor/Employment, Construction, 9th U.S. Circuit Court of Appeals Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Construction Civil Litigation, Insurance, Construction Construction, Civil Rights Civil Litigation, Construction, California Courts of Appeal Civil Litigation, Construction, California Courts of Appeal Civil Litigation, Construction Civil Litigation, Insurance, Construction, California Courts of Appeal Civil Litigation, Government, Construction Civil Litigation, Construction, California Supreme Court Civil Litigation, Insurance, Construction, California Courts of Appeal Civil Litigation, Construction, California Courts of Appeal, Appellate Practice Real Estate/Development, Construction, California Supreme Court, California Courts of Appeal Civil Litigation, Corporate, Construction, California Supreme Court Civil Litigation, Insurance, Construction, California Courts of Appeal Corporate, Construction, California Supreme Court, Appellate Practice Construction, California Courts of Appeal Civil Litigation, Construction, California Courts of Appeal Civil Litigation, Construction Civil Litigation, Construction Contracts, Construction, California Courts of Appeal Real Estate/Development Construction Corporate, Construction, California Courts of Appeal Insurance Civil Rights Construction Perspective GC Email Perspective Construction Construction
Title Category Published
You say tomato, I say to-mah-toApr. 9, 2025
Chain reaction: Who's really at fault in the scissor lift fall?Mar. 5, 2025
Why hirers can't escape liability under the Privette doctrineFeb. 14, 2025
Close enough doesn't cut it: Why precision matters in government claimsJan. 7, 2025
Cracks in the code: When design meets construction and blameDec. 4, 2024
California court upholds debarment of contractors for apprenticeship violationsNov. 12, 2024
General contractor and project owner held liable after worker attacked on job siteOct. 9, 2024
Lawsuit by families of Pepperdine students could put recent State Supreme Court case to the testSep. 23, 2024
Get ready for increased street signageSep. 10, 2024
Contractor loses arbitration victory due to licensing violationAug. 2, 2024
Second lawsuit against roofing contractor barred by claim preclusionJul. 8, 2024
Brown v. Beach House Design & Development provides a cautionary tale for contractorsMay 7, 2024
The fall of the Privette doctrine in landlord-tenant relationshipsApr. 8, 2024
California court interprets ‘good faith dispute’ exception for prompt payment penalties Mar. 13, 2024
Payment bond sureties’ right to attorneys’ fees clarified Feb. 5, 2024
When it comes to collective bargaining agreements, PAGA is just different Jan. 9, 2024
A rural water district, arsenic-laden drinking water, and a story you can’t make upDec. 18, 2023
ABC, It's Easy As 123 - Or Is It Really Under The Mejia Case? Nov. 15, 2023
Questioning protocols of an expert witness takes a turnOct. 10, 2023
Trees cut down by unlicensed contractors may make a sound, but not the sounds of moneySep. 11, 2023
An opposing party’s payment of jury fees doesn’t guarantee a right to trialAug. 10, 2023
Unwritten construction contracts are as risky as a triple dog dare and a frozen poleJul. 7, 2023
Supreme Court remands Palos Verdes bicycle accident case back to trial court, to address failure to warn claimJun. 7, 2023
Three insurance firms battle it out over indemnificationMay 4, 2023
A case study in what not to do when amending complaintsApr. 10, 2023
Pending-license, construction company not subject to B&P Code 7031Mar. 9, 2023
Subcontractor not bound to arbitrate under incorporation clauseFeb. 6, 2023
Post-settlement third party reports are likely bindingJan. 11, 2023
Simple construction dispute turns into ugly McMansion of a case Dec. 14, 2022
Insurance contract terms can push its coverage off a cliffNov. 9, 2022
Design immunity doesn’t always shield liability from failure to warnOct. 4, 2022
Hypothetical scenarios don’t create standingSep. 7, 2022
Municipal design immunity is tough to beat, even for the injuredAug. 8, 2022
The Right to Repair Act – when and for whom does it apply?Jul. 6, 2022
Prime contractors need to ensure subcontractors are licensedJun. 2, 2022
Job order contracting and public works projectsMay 4, 2022
Multiple mechanics liens, is it offense or defense who prevails?Apr. 5, 2022
Despite admission, roadway contractor can’t avoid liabilityMar. 8, 2022
Unlicensed contractor work can lead to nasty disputes, harsh remediesFeb. 8, 2022
Lien, lien, lien on me, and don't forget your attorney feesJan. 4, 2022
What’s ‘willful’ when it comes to construction litigation?Dec. 7, 2021
Beware: Higher-tiered parties can be liable for interfering with lower-tiered parties’ contractsNov. 9, 2021
Ruling weighs in on harsh, unjust, draconian and enforceable remedyOct. 5, 2021
Cautionary tale: unlicensed contractor dodges a bulletSep. 8, 2021
Insurers’ obligations versus indemnitees’ obligationsAug. 3, 2021
Construction Corner: Enter equitable subrogationJul. 15, 2021
Construction Corner: ‘Lifestyles of the Rich and Famous’ editionJun. 2, 2021
Ruling examines enforceability of ‘pay-when-paid’ provisionsMay 5, 2021
Mechanics liens, real property and contractual interestApr. 8, 2021
‘Substantial completion’ in construction defect casesMar. 2, 2021
A major difference in construction payment remedies? Timing.Feb. 3, 2021
Under what circumstances may a party ‘supplement’ its experts?Jan. 5, 2021
Can a public entity demand substitution of a subcontractor?Dec. 3, 2020
Appellate ruling confirms duty to defend is immediateNov. 4, 2020
Privette doctrine rulings could be an appellate split in the makingOct. 6, 2020
B&P Section 7031: A powerful remedy, but not a shieldSep. 2, 2020
Fairness does not always follow justice, including in construction lawAug. 4, 2020
When are contractor actions ‘willful’ under enforcement statutes?Jul. 1, 2020
Beware the difference between design, performance specificationsJun. 3, 2020
Substitution hearings under the Subletting and Subcontracting Fair Practices ActMay 7, 2020
Give pause before requesting ‘damages according to proof’Apr. 14, 2020
When insurers stand in the shoes of insureds for all purposesMar. 5, 2020
Ruling in defect case is a lesson in purchase agreement draftingFeb. 4, 2020
Contractor receives not one, but two lumps of coalJan. 3, 2020
Class actions under California’s Right to Repair ActDec. 5, 2019
Privette won’t always shield general contractors from liabilityNov. 11, 2019
It’s tough to be a concrete supplier under California labor lawsOct. 8, 2019
Can losing bidders ever recover preparation costs?Sep. 4, 2019
When homeowners can find themselves liable as an employerAug. 6, 2019
Federal construction contractors, prevailing wages and SB 954Jul. 2, 2019
Before heading to court, read the directions (or here, statutes)Jun. 7, 2019
Ruling should put an end to confusion over prompt-payment laws May 7, 2019
Ruling highlights rationale of the design immunity defenseApr. 4, 2019
Liability for injuries to employees of an independent contractor Mar. 6, 2019
Actual and economic damages in construction defect casesFeb. 6, 2019
Suggestion for your 2019 reading list: Your insurance policyJan. 3, 2019
Designing claims against architects Dec. 5, 2018
Litigating construction cases can be like making sausagesNov. 5, 2018
The complicated history of asbestos regulation in the United StatesOct. 2, 2018
Are you sure that private project isn’t public works?Sep. 6, 2018
Elon Musk: Eccentric engineer. Technology billionaire. And now, litigation savantAug. 13, 2018
Insuring ongoing operationsJul. 10, 2018
California courts are wrestling with lease-leaseback posersJun. 12, 2018
State Supreme Court mends split on contractor-subcontractor disputesMay 17, 2018
Can an intentional act really result in an accident?May 8, 2018
A win for broad indemnity (and defense) provisionsApr. 10, 2018
Despite loss in Right to Repair Act ruling, homeowners have optionsMar. 13, 2018
Intentional interference claims and losing biddersFeb. 13, 2018
A lesson on the possibility of coverage existingJan. 11, 2018
How far will litigants stretch Right to Repair Act ruling?Dec. 12, 2017
When the Right to Repair Act applies to suppliersNov. 7, 2017
The original intent of the Privette doctrineOct. 10, 2017
Indemnity provisions: a powerful tool in a contractor’s toolkitSep. 12, 2017
Subcontractors and indemnity provisionsAug. 8, 2017
Ruling shows the battle of the many construction contractsJul. 11, 2017
'Buy American, Hire American' and construction in California Jun. 8, 2017
'Buy American, Hire American' and construction in CaliforniaJun. 6, 2017
Promissory estoppel claims and public works bid disputes May 10, 2017
Courts won't enforce it just because it's in your policy Apr. 12, 2017
California's gender-neutral bathroom law takes effect Mar. 7, 2017
New public works project dispute resolution process Feb. 15, 2017
Prompt payment statutes are a shield, not a sword Jan. 11, 2017
'Tis the season of giving, but not for contractors Dec. 14, 2016
When is your project 'complete' under California law? Nov. 9, 2016
California protects contractor payments, but with a price Oct. 12, 2016
When liability reaches project owners Sep. 14, 2016
Title Category Published
The fall of the Privette doctrine in landlord-tenant relationships Contracts Apr. 8, 2024