Nomos LLP

Nomos LLP Lawyers for the built environment. Oakland, California.

In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused ...
05/02/2026

In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver

I was a T.A. for my high school history teacher, Mr. Reynolds. In the room at the back of the classroom which served as his office he had the picture above. It’s called “My Wife and My Mother-in-Law” and is taken from a German postcard from 1888. Depending on how you look it, you might see fashionable young lady, or an old ....

  I was a T.A. for my high school history teacher, Mr. Reynolds. In the room at the back of the classroom which served as his office he had the picture above. It’s called “My Wife and My Mothe…

At the Intersection of Indemnity and Prevailing WagesIn a case that I'm frankly surprised I don't see more of, the 2nd D...
03/15/2026

At the Intersection of Indemnity and Prevailing Wages

In a case that I'm frankly surprised I don't see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and public entity who mistakenly believed that a construction project did not require the payment of prevailing wages. in Nabors Corporate Services, Inc. v. City of Long Beach, 108 Cal.App 540 (2025), the 2nd District Court of Appeal In a clash between indemnity and prevailing wages, the 2nd District Court of Appeal …...

http://calconstructionlawblog.com/2026/03/15/at-the-intersection-of-indemnity-and-prevailing-wages/

In a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and …

On Checks and BalancesIt's called "checks and balances" for a reason. And, generally, it works well so long as there are...
03/01/2026

On Checks and Balances

It's called "checks and balances" for a reason. And, generally, it works well so long as there are clear boundaries between the "co-equal" branches of government. In Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals....

It’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government. In A…

2026 Construction Outlook: Dampening Outlook With Some Potential Bright SpotsAccording to Dodge Construction Network's O...
02/11/2026

2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

According to Dodge Construction Network's Outlook 2026 Ebook, "the construction industry came roaring into 2025" - with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology - but "throttled back significantly" due to "rapid changes to economic and fiscal policies."...

According to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructu…

It’s That Time of Year: Contract Review TimeMy father used to make me wash the family cars every weekend . . . rain or s...
01/06/2026

It’s That Time of Year: Contract Review Time

My father used to make me wash the family cars every weekend . . . rain or shine. The nice thing about washing a car in the rain is that you don't need to dry it. Once, while sudsing up one of the family cars in the rain I spotted a couple of Jehovah Witnesses making house calls along our street....

My father used to make me wash the family cars every weekend . . . rain or shine. The nice thing about washing a car in the rain is that you don’t need to dry it. Once, while sudsing up one o…

2026 Construction Law UpdateHappy New Year! Hope the holidays were enjoyable for you. During the first session of the C...
01/04/2026

2026 Construction Law Update

Happy New Year! Hope the holidays were enjoyable for you. During the first session of the California Legislature's 2025-2026 legislative session, 2,350 bills were introduced, of which 917 bills made it to the Governor's desk, and of which 794 bills were signed into law. For the design and construction industry the most important bills are a new claims resolution procedure for private works projects, a 5% retention cap on certain private works projects, and a number of changes to home improvement contract requirements....

Happy New Year! Hope the holidays were enjoyable for you. During the first session of the California Legislature’s 2025-2026 legislative session, 2,350 bills were introduced, of which 917 bi…

9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some DifferencesContractors working on pu...
11/17/2025

9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some Differences

Contractors working on public works projects are likely familiar with the statutory claims resolution process under Public Contract Code section 9204. Section 9204, which went into effect in 2017, and which has been amended a couple of times since, provides a claims resolution process for public works projects that is intended help resolve claims without litigation. Section 9204, which expires on January 1, 2027 unless extended, provides for a three-step process: (1) submission of a claim by the prime contractor and response by the public entity; (2) if the claim is rejected in whole or in part by the public entity, a meet and confer conference between the prime contractor and public entity; and (3) if the claim is not resolved at the meet and confer conference, mediation between the prime contractor and public entity....

Contractors working on public works projects are likely familiar with the statutory claims resolution process under Public Contract Code section 9204. Section 9204, which went into effect in 2017, …

It's not uncommon in construction claims for there to be Insurance and bond issues, whether it's tendering a claim to yo...
10/17/2025

It's not uncommon in construction claims for there to be Insurance and bond issues, whether it's tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including: (1) Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverages at issue....

It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance …

Nomos LLP partner Garret Murai has been recognized in the 2026 edition of The Best Lawyers in America® in the area of Co...
08/22/2025

Nomos LLP partner Garret Murai has been recognized in the 2026 edition of The Best Lawyers in America® in the area of Construction Law.

Nomos LLP partner Garret Murai has been recognized in the 2026 edition of The Best Lawyers in America® in the area of Construction Law.

"The declining significance of privity has found its way to construction law." So begins the 4th District Court of Appea...
08/05/2025

"The declining significance of privity has found its way to construction law." So begins the 4th District Court of Appeal's decision in Lynch v. Peter & Associates, Engineers, Geologists, Surveyors, Inc., 104 Cal.App.5th 1181 (2024). The case addresses the legal duty of care owed by construction professionals - specifically geotechnical consultants - to property owners with whom they are not contractual privity....

“The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter & Associates, Engineers,…

I usually wait until the end of the year to write about new construction laws. But a friend (thanks Marty!) recently rea...
07/28/2025

I usually wait until the end of the year to write about new construction laws. But a friend (thanks Marty!) recently reached out about a bill signed by Governor Newsom earlier this month that I thought was important enough to write about now so that you know what's coming down the pike. The bill, Senate Bill No. 61, adds a new Civil Code section 8811 that caps retention at 5% on private works projects and generally tracks the 5% cap on public works projects....

I usually wait until the end of the year to write about new construction laws. But a friend (thanks Marty!) recently reached out about a bill signed by Governor Newsom earlier this month that I tho…

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