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

March 2015
The federal Miller Act has been around since the mid-1930s. You would think that, by now, all questions about its application would have been resolved by the courts. Unfortunately, hundreds of lawsuits remain that involve interpretations of the Miller Act.
January 2015
On a $28 million infrastructure contract, a contractor suffered an $11 million loss because of high charges by the utility companies for their part of the installation. The contractor, it turned out, got no remedy in court and, therefore, no means of recouping this major loss.
November 2014
Sometimes an apparently general specification calls for a type of device or piece of equipment, and it turns out that only one manufacturer makes it. Similarly, a hidden “sole source” specification may be inserted that requires a component to have certain characteristics and there is only one source. READ MORE
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September 2014
On a regular basis, Contractors ask me to review their contracts before they sign. In that process, I tend to divide the contract clauses into three categories: 1) the clauses that the contractor needs to be aware of but can live with, 2) the clauses that need modification or clarification, and 3) the clauses that need to be deleted.
July 2014
Have you heard the definition of estimating? It is the art of starting from a random point and then proceeding with great accuracy.
May 2014
Basic corporate law states you do not have a contract with a corporation until you have reached an agreement with an authorized representative. The same is true with satisfying a contract’s written notice requirements. This concept seems obvious, yet contractors regularly lose their contract rights by failing to tell the right person about a change or dispute.
March 2014
Every state in the United States has its own unique lien laws. Because of the local nature of these statutes, there are major differences, state to state, in how and where liens are filed and perfected, who gets “notice” of the lien, and what types of claims are lienable. READ MORE
January 2014
Whether a dispute involves a fluidized bed boiler, a school or a home-improvement project, there are some basic tenets to always keep in mind. It is not enough to think in terms of proving that your side is right and the other side is wrong or that you expended extra costs (i.e., costs not covered in your estimate) or that the other side acted in an uncooperative manner. READ MORE
November 2013
Sparky Electric is an experienced contractor. Most of its business has been in light commercial construction, such as midsize office buildings, an occasional strip mall and a few schools. Now a large project is in the works, and the owner is looking for design/build electrical contractors. The owner also wants the bid proposals to include layouts and a draft set of electrical specifications.