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 they are as the…
Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part
While construction projects can get messy, they don’t get much messier than the next case, which, while it involved a fairly limited legal issue – whether…
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 years of jurisprudence governing the manner…
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 on the mechanics of mechanics…
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…
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