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

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.
September 2013
It may be part of human nature that, in times of great annoyance, or simply to gain advantage through intimidation, we turn to the use of threats. An example comes from an old pop song, “Along Came Jones” by the Coasters, where Salty Sam told Sweet Sue: “Gimme the deed to your ranch, or I’ll blow you all to bits.”
July 2013
An electrical contractor, let’s call him Sparky Inc., was running into financial difficulty. My client, call him Cathode Inc., entered into negotiations to buy Sparky and, in the meantime, agreed to finish one of Sparky’s jobs on a university building as an electrical subcontractor.