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 California. The new California-specific forms are:…

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 part of its AUTHORity…

Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon

It’s not uncommon in construction defect litigation for one or more parties to retain an expert . . . or two . . . or three.…

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 Litigation. This is the ninth…

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 of the following…

Death, Taxes and Attorneys’ Fees in Construction Disputes

According to Benjamin Franklin there are two certainties in this world: Death and taxes. Let me humbly add a third if you’re ever involved in non-contingency…

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…

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 of all of the…

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…

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. Roosevelt’s “New Deal” in 1933.…

Contractor Gets Benched After Failing to Pay Jury Fees

Trial by jury is a fundamental right under both the U.S. and California Constitutions. However, to avail yourself of that right, you not only have to…

Just Because You Allege There Was an Oral Contract Doesn’t Mean You’re Off the Hook for Attorneys’ Fees if you Lose

There’s certain things in life you shouldn’t mix. Like drinking and driving. Bleach and ammonia. Triple dog dares and frozen poles. And angry lawyers and litigation. …