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 written about…
Claims Litigated Under Government Claims Act Must “Fairly Reflect” Factual Claims Made in Underlying Government 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 1222 (2023), the 3rd District…
Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications
It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities typically co-exist relatively…
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 Department of Industrial Relations…
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 and illness information. The Final Rule…
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 Construction…
Hirers Must Affirmatively Exercise Retained Control to be Liable Under Hooker Exception to Privette Doctrine
Don’t drink and drive people. I mean seriously. It’s been over 40 years since California native Candace Lightner formed Mothers Against Drunk Driving in 1980 after…
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 Litigation. This is the tenth…
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 . . . Construction contracts often…
California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Get ready for more street signage. The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has held that Government Code…
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 courts have variously described as…
2023’s Bank Failures: What Contractors, Material Suppliers and Equipment Lessors Can Do to Protect Themselves
It has been a tumultuous year for the banking industry. Since the beginning of this year the industry has seen the collapse of Silicon Valley Bank…
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