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

Verdicts & Settlements
Case Name Topic Role Published
Caicos Investments, Inc. v. Alco Iron & Metal Co. Torts Defendant Apr. 9, 2011
Bank Julius Baer & Co. Ltd., a Swiss entity, Julius Baer Bank and Trust Co. Ltd., a Cayman Islands entity v. Wikileaks, an entity of unknown form, Dynadot LLC, a California limited liability corporation, and Does 1 through 10, inclusive Business Law Defendant Apr. 12, 2008
John Erickson v. Edwin Torres Securities Plaintiff Nov. 10, 2007
Dolores Harmon v. City of Oakland Employment Law Defendant Oct. 1, 2005

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