Case, Ibrahim & Clauss

Case, Ibrahim & Clauss

Welcome to Case, Ibrahim & Clauss, LLP Full Service Law Firm

Firm Overview

Brian S. Case, F. Albert Ibrahim and D. Michael Clauss founded Case, Ibrahim & Clauss, LLP on the principle of personal attention, sound judgment and positive resolution for complex private and public works construction projects.

The team at Case, Ibrahim & Clauss, LLP specializes in representation of local, national and international contractors and subcontractors in disputes before mediators, arbitration panels and state and federal courts.

Although the firm is based in Orange County and centrally located to service all of Southern California, the firm also maintains a wide client base in Northern California and Central California which are serviced by its offices in San Jose and Fresno. This representation has involved major public and private construction projects, engineering systems and specialized facilities, as well as general business and corporate law.

Description of Services
-Architect/Engineer Professional Liability
-Bidding Issues/Bid Protests/Bid Bond Disputes
-Business Torts and Remedies
-Collection Remedies/Sister State Judgments
-Construction Insurance/General Liability
-Construction Law - All Aspects
-Contract Performance Disputes
-Corporate Merger and Acquisition
-Design-Build/Design-Assist/Value Engineering
-Design Defense and Collection
-Surety Claims and Defense
-Licensing & Licensure
-Equal Clauses/Substitutions
-Insurance Defense/Coverage/Claims
-Prevailing Wage Issues
-Prompt Payment and Retention Issues
-Quantum and Damage Analysis
-Real Property/Lease Transactions
-Scheduling Delay and Impact Claims
-Subcontractor Listing Laws
-Surety Bond Claims and Defense
-Tort/Warranty/UCC and Sales Remedies
-Writs and Appeals
-Defense of Serious & Willful and 132A Labor Claims
Main Office
Main Office
15615 Alton Parkway, Suite 260
Irvine  CA  92618
Phone
  • 714-540-3636
Websites
Business
CIC handles all aspects of both Public Works and Private Works construction matters. CIC represents owners, general contractors, subcontractors, surety defense and subbrogation, and material suppliers.
Construction
We also practice in all forms of litigation and transactions including litigating in courts, arbitrations, mediations, as well as governmental and administrative triburnals. CIC specializes in the following construction related areas of practice:

-Architect/Engineer Professional Liability
-Bidding Issues/Bid Protests/Bid Bond Disputes
-Business Torts and Remedies
-Collection Remedies/Sister State Judgments
-Construction Insurance/General Liability
-Construction Law - All Aspects
-Contract Performance Disputes
-Corporate Merger and Acquisition
-Design-Build/Design-Assist/Value Engineering
-Design Defense and Collection
-Surety Claims and Defense
-Licensing & Licensure
-Equal Clauses/Substitutions
-Insurance Defense/Coverage/Claims
-Prevailing Wage Issues
-Prompt Payment and Retention Issues
-Quantum and Damage Analysis
-Real Property/Lease Transactions
-Scheduling Delay and Impact Claims
-Subcontractor Listing Laws
-Surety Bond Claims and Defense
-Tort/Warranty/UCC and Sales Remedies
-Writs and Appeals
-Defense of Serious & Willful and 132A Labor Claims

Real Estate Litigation
CIC handles most areas of both commerical and residential real estate litigation representing owners, landlords, and tenants. CIC's representation in real estate litigation matters encumpasses in-court litigation, arbitration, and mediation.

Business Litigation
CIC handles most areas of both business litigation representing business owners in both prosecution and defense matters. CIC's representation in business litigation matters encumpasses in-court litigation, arbitration, and mediation. CIC business litigation practice has special emphasis in collection matters, trade secret cases, and interference claims.

Business Organization Practice
CIC handles most areas of business organization matters representing business and prospective business owners including formation, reorganization, merger and acquisitions and termination of business organizations. CIC's representation in business organization matters encumpasses Corporations, Limited Liability Companies, Limited Liability Partnerships, Partnerships, Limited Partnerships.

Brian Case

Managing Partner

BRIAN S. CASE is the managing partner of CASE, IBRAHIM & CLAUSS, LLP. Mr. Case represents all sectors of the Construction Industry including owners and developers, public entities, general contractors, engineering contractors, subcontractors, construction managers, material suppliers, and construction sureties and insurers. Mr. Case also has significant corporate transactions and corporate acquisition experience.

Education: Mr. Case holds a Associate Degree from Santa Ana Community College, a Bachelor of Arts Degree from U.C.L.A. (1980) and a Juris Doctorate from Pepperdine University (1984).

Practice: Mr. Case is admitted to practice in all State and Federal Courts in the State of California as well as the United States Court of Appeals-Ninth Circuit; the United States Court of Federal Claims; and, the United States Supreme Court.

Member: Mr. Case is a member of the American Bar Association-Forum on Construction Industry; Orange and Los Angeles County Bar Associations; State Bar Section of Real Property and Sub-Section of Construction Law; He is a member of the State Bar Section of Real Property and Sub-Section of Construction Law. He is also a member of various industry organizations including the Western Construction Consumers Counsel (an industry support group for public entities and private owners); Legal Advisory Committee to the Associated General Contractors of California (AGC-California); CAL-SMACNA, the, American Subcontractor Association (ASA), Construction Specification Institute (CSI) and other industry support groups.

Speaker/Author/Publishing: Mr. Case has lectured and written on various construction related subjects including:

-"Construction Contracting for Public Entities in California" (Pasadena, 1999 and Glendale, 2001)
-"Indoor Air Quality Issues" ("IAQ") for Lorman Business Center (Orange County, 1997)
-"Construction Contract Workshops" for CalTrans/ Triaxial Management Services (Los Angeles, Orange and San Diego, 1987-1997)
-"Changes, Delays and Impacts" for CAL-SMACNA (La Costa, 1996)
-"Comprehensive Legal Guide For Contractors" for CAL-SMACNA (1st Edition, 1996)
-"California Construction Law - What To Do When" for the National Business Institute (Anaheim, 1992)
-"Construction Managers-Rights, Liabilities and Positions" for the Legal Advisory Committee to the AGC-California (Carmel, 1991)
-"Claims, Bonding and Construction Contracts" for the Los Angeles Department of Airports (Los Angeles, 1990)

Appellate Publications:
Wright v. United States Postal Service (1994) 29 Fed 3d. 1426 - Subcontractor's right to an "equitable lien" against, and payment by, federal governmental agency where agency is aware of claim and prime contractor and surety are insolvent or fail to pay.
Amelco Elec. v. City of Thousand Oaks, 27 Cal. 4th 228(2002) 27 Cal. 4th 228 (Filed a friend of the court brief on behalf of contractor associations.) The city of Thousand Oaks solicited bids for electrical work to be performed in the construction of a civic arts plaza. During the two-year construction process, the city furnished 1,018 sketches changing original contract drawings, 248 affected the electrical cost. The lighting company requested 221 change orders. A civil suit followed. The lighting company submitted a $ 1.7 million total cost claim for costs allegedly resulting from the change orders. The jury found the contract was breached and abandoned, and awarded total cost damages. The court of appeal affirmed. The issue submitted for the Supreme Court review was whether the abandonment theory of liability applied against a public agency. The Supreme Court concluded the theory of abandonment did not apply against a public entity, and that the lighting company failed to adduce sufficient evidence to warrant instructing the jury on total cost damages for breach of contract.

LEWIS JORGE CONSTRUCTION MANAGEMENT, INC. v. POMONA UNIFIED SCHOOL DISTRICT et al. (2004) 34 Cal. 4th 960: Suit for wrongful termination of public works construction contract. Jury award for contract balance, lost profits and interest totaling $4.7M. Damage award affirmed on appeal. The California Supreme Court granted review and overturned the lost profits component of the damages.

BFGC ARCHITECTS PLANNERS, INC., v. FORCUM/MACKEY CONSTRUCTION, INC. et al. (2004) 119 Cal. App. 4th 848. Cross-complainant, an architecture firm, appealed from a judgment of the Superior Court of Orange County (California) in favor of cross-defendant general contractors after their demurrers were sustained without leave to amend. The superior court held that the architecture firm's claims for implied indemnity required a predicate tort.
Education
  • Pepperdine University
    Juris Doctorate , 1984

F. ALBERT IBRAHIM

F. ALBERT IBRAHIM is a partner and one of the firm's lead trial counsel.

Education: Bowling Green State University (B.A. 1984); Pepperdine University School of Law (J.D., 1987).

Practice: Mr. Ibrahim has extensive trial experience in state and federal courts involving construction disputes, such as delay and impact claims, "differing" site conditions and extra work claims, mechanic's liens/stop notices and contract claims; guarantee and indemnity agreements; real estate cases, commercial landlord and tenant rights, foreclosures, lender liability, boundary disputes, broker liability and business disputes including partnership dissolutions and other matters.

Representative Trials:

Lewis Jorge Construction Management, Inc. v. Pomona Unified School District
Suit for wrongful termination of public works construction contract. Jury award for contract balance, lost profits and interest totaling $4.7M. Damage award affirmed on appeal. The California Supreme Court granted review and overturned the lost profits component of the damages.

Madison Paving v. Trustees of the California State Universities
Suit for collection of damages incurred due to the failure of the University to properly conduct its inspection services, and requiring additional and unnecessary work and causing delays and impacts. Full recovery plus attorneys' fees.

Conrak Erectors, Inc. v. Hytrol, R.J. Lanthier, etc.
Plaintiff abandoned job for non-payment and disputed the percentage of completion shown by the defendant. Plaintiff was sued by the defendant also for cost to complete. Plaintiff prevailed at trial and recovered 95% of its claims and also received attorneys' fees under Bus & Prof. Code plus 24% per annum interest.

DE/EN/CON Construction Company, Inc. v. Clark Steel Fabricators, Inc.
Defended suit by Clark against General Contractor for delays, disruption and attendant damages. Defense judgment with award of full attorneys' fees and costs.

GMC Sales Corporation v. Jordan Ehrenkranz
Defense of suit on irrevocable personal guaranty. The defense judgment was appealed and argued before the Court of Appeal 2nd District, Division 7. Judgment affirmed.

Membership: He is a member of the California Bar, as well as the United States District Court for the Central, Southern, Northern and Eastern Districts of California; Orange County Bar Association; Los Angeles County Bar Association and, through the firm, the Sheet Metal and Air Conditioning National Association, Inc., Orange County/Long Beach Chapter.

Publications: Mr. Ibrahim also co-authored the 1996 publication: "Comprehensive Legal Guide For Contractors" for CAL-SMACNA

Appellate Publications:
Amelco Elec. v. City of Thousand Oaks, 27 Cal. 4th 228 (2002) 27 Cal. 4th 228 (Filed a friend of the court brief) The city of Thousand Oaks solicited bids for electrical work to be performed in the construction of a civic arts plaza. During the two-year construction process, the city furnished 1,018 sketches changing original contract drawings, 248 affected the electrical cost. The lighting company requested 221 change orders. A civil suit followed. The lighting company submitted a $ 1.7 million total cost claim for costs allegedly resulting from the change orders. The jury found the contract was breached and abandoned, and awarded total cost damages. The court of appeal affirmed. The issue submitted for the Supreme Court review was whether the abandonment theory of liability applied against a public agency. The Supreme Court concluded the theory of abandonment did not apply against a public entity, and that the lighting company failed to adduce sufficient evidence to warrant instructing the jury on total cost damages for breach of contract.
LEWIS JORGE CONSTRUCTION MANAGEMENT, INC. v. POMONA UNIFIED SCHOOL DISTRICT et al. (2004) 34 Cal. 4th 960: Suit for wrongful termination of public works construction contract. Jury award for contract balance, lost profits and interest totaling $4.7M. Damage award affirmed on appeal. The California Supreme Court granted review and overturned the lost profits component of the damages.
BFGC ARCHITECTS PLANNERS, INC., v. FORCUM/MACKEY CONSTRUCTION, INC. et al. (2004) 119 Cal. App. 4th 848. Cross-complainant, an architecture firm, appealed from a judgment of the Superior Court of Orange County (California) in favor of cross-defendant general contractors after their demurrers were sustained without leave to amend. The superior court held that the architecture firm's claims for implied indemnity required a predicate tort.
Education
  • Pepperdine University School of Law
    Juris Doctorate , 1987

D. MICHAEL CLAUSS

D. MICHAEL CLAUSS is a partner with the firm.

Education: Mr. Clauss earned a Bachelor of Science -- Economics Degree (1980) from St. Bonaventure University, in Olean, New York. Mr. Clauss earned a Juris Doctorate Degree (1986) from Western State University College of Law, in Fullerton, California.

Practice: Mr. Clauss' practice has been concentrated in civil litigation and trial practice, in State, Federal and Bankruptcy Courts of California, largely in the areas of Business Law and Construction Law, including Mechanic's Lien and Stop Notice Law, delay and defect claims, Surety Law, complex business and real estate litigation, commercial collections, including provisional remedies and alter ego, and Appellate practice. Mr. Clauss also has significant experience in representing local public entities.

Member: Mr. Clauss is admitted to practice before all of the Courts of the State of California (1989) and is admitted to practice before the United States District Court, Central (1990), Southern (1992) Northern (1993) and Eastern (1996) Districts; Mr. Clauss is a current member of the American Bar and Los Angeles Bar Associations, and Western Council of Construction Consumers, Legal Advisory and Litigation Committee; Mr. Clauss is a past member of the American Trial Lawyers Association, Orange County Bar Association and Orange County Barristers.
Education
  • Western State University
    Juris Doctorate , 1986

STEPHAN H. ANDRANIAN

STEPHAN H. ANDRANIAN is an associate with the firm. Mr. Andranian opened and ran his own law practice prior to joining the firm, where he represented business and property owners. He also has extensive experience in handling sensitive public relations matters. Mr. Andranian worked as a political advisor and staffer prior to running the Government Affairs Department of a national membership organization.

While acting in this position, Mr. Andranian worked with government agencies on the Federal and State level to adopt regulations that benefited industry and consumers and sponsored legislation to do the same. In addition, he has testified before the United States Congress and before several state legislatures in support of public access and private property rights.

Education: Mr. Andranian received his Bachelor of Arts Degree in History from the University of California at Davis (B.A., 1993) and Juris Doctorate from the John Marshall Law School in Chicago, Illinois (J.D., 1996).

Practice: Mr. Andranian is admitted to practice before all courts of the State of California, and the United States District Court for the Central District of California (2002).
Education
  • John Marshall Law School
    Juris Doctorate , 1996

RANDY O. WRIGHT

RANDY O. WRIGHT is "Of Counsel" to the firm and is assigned to the firm's San Jose, California office. Mr. Wright represents all sectors of the Construction Industry, including public and private owners, general contractors (with an emphasis on general engineering contractors), engineers, architects, subcontractors, construction managers, material suppliers and sureties. Mr. Wright also has extensive experience in representing contractors and design professionals under their general liability and errors and omissions policies, including coverage issues. Mr. Wright is a former Deputy City Attorney for the City of San Jose where he was assigned to the City Public Works Department legal issues.

As the primary Public Works Department counsel, Mr. Wright handled the construction claims against the City of San Jose, including claims on the San Jose Airport, underground utility construction projects, general building projects and other public works projects. Mr. Wright has also worked as outside counsel for the City of Concord and the City of Vacaville. Mr. Wright's public works experience includes defending claims for extra work, delay damages, scheduling claims, impact claims, unforeseen and changed conditions claims.

Education: Mr. Wright holds a Bachelor of Science Degree, cum laude, in Economics, from the University of Santa Clara (1974) and a Juris Doctorate, summa cum laude, from the University of Santa Clara (1977).

Practice: Mr. Wright is admitted to practice in all California State Courts; the United States Supreme Court; Ninth Circuit Court of Appeals; United States Claims Court; United States District Court, Northern District of California; United States District Court, Eastern District of California.

Member: In addition to being a member of the California State Bar Association, Mr. Wright is also a member of the Santa Clara County Bar Association.

Appellate Publications: C. Norman Peterson Co. v. Container Corporation of America (1985) 172 Cal. App.3d 628-contractor's right on private works project to recover reasonable value of work when changes to contract are found to be excessive.
Education
  • University of Santa Clara
    Juris Doctorate , 1977
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