Gerard W. Ittig

Legal Columnist

Gerard Ittig, of Ittig & Ittig, P.C., in Washington, D.C., specializes in construction law. He can be contacted at 202.387.5508, or

Articles by Gerard W. Ittig

September 2017
Meaningless emails are a bane. In a construction lawsuit I tried last year, the parties exchanged their project documents, which included more than 200,000 emails each. The exchange was accomplished electronically at a significant cost to both parties because the emails had to be collated and indexed to place the information into a searchable format before the exchange took place. READ MORE
July 2017
Believe it or not, a variety of “standards” comes into play where an owner’s drawings contain costly errors. Examined separately, each of these standards may appear reasonable. Taken together, they create conflict and confusion.Let’s start with the designer/architect. The law treats the architect as a professional, which means a standard of professional responsibility applies. READ MORE
May 2017
We get so used to the term “substantial completion” that we may be surprised at what an odd concept it is (meaning “not quite done”) and why it is often litigated.
March 2017
An electrical contractor client of mine came to me with a problem. His company had been working closely with a general contractor (GC) to develop a proposal for a large design/build project that was in the works. My client’s arrangement with the GC was not a joint venture, and there was nothing in writing between the companies (e.g., a teaming agreement) to mark their mutual efforts. READ MORE
  • A case in point

January 2017
Everyone has encountered difficult contractors. You may or may not have an idea of what would be the ideal contractor to work with, but everyone has at least one clear instance of a general contractor that seemed to be from some evil nether region.
November 2016
Hundreds of jobs have been “mothballed” or put on an extended hold status. It occurs with home-renovation projects, power plants, marinas, dentists’ offices and automobile manufacturing plants, to name a few. Every case is unique, yet almost all instances eventually boil down to money issues. READ MORE
September 2016
Credit cards typically apply interest to late payments. This interest factor, which may be 18 percent or more, can be viewed as a form of liquidated damages (LDs). The base amount owed is not liquidated, because it depends on your balance, but the percentage is liquidated, or fixed, by agreement. READ MORE
July 2016
There is a tug of war in construction contracts over design responsibility and liability. An owner’s design team will spend months preparing detailed drawings and specifications. These are licensed professionals whose stamp on the plans indicates their state has authorized them to perform this important task. READ MORE
May 2016
Let’s say you had a specification that expressly required you to provide a Honda Civic by name but then clearly described a Chevy Blazer. Do you provide the name brand as listed, or do you provide a vehicle that meets the detailed description? This is similar to a question presented in a recent case, and the judgment might surprise you.