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, USBuildlaw@aol.com or www.ittig-ittig.com.

Articles by Gerard W. Ittig

May 2012
There is a saying in the law that missing facts cause most litigation. In construction contract disputes, this expression can be refined to missing documents. READ MORE
March 2012
Recently, a client asked me to review a set of general terms and conditions issued by the owner of a large project. To do this task, which I perform frequently for clients, I apply certain review protocols I developed to ensure all clauses that affect time or money are highlighted. READ MORE
January 2012
An early contract law principle was that a contract was only formed where the “acceptance” was exactly the same as the “offer.” The term of art used was the Mirror Image Rule. So, for example, if one person offered to sell a book for $1 and the second person accepted that offer, there was a contract. READ MORE
November 2011
I posed nine multiple choice questions in my September 2011 column. The following are answers and analyses. As you review the problem analyses, keep in mind that, if you gave serious thought to the questions, you have gone a long way to being right regardless of your answer. You should also know that all of these problems come from actual litigation. READ MORE
July 2011
Less than 10 percent of construction lawsuits go to trial. There are reports that the number is actually less than 5 percent. Many reasons are obvious: The cost of litigation, its detrimental effect on the litigants’ business, and the personal toll exacted from being in court. Add to this mix the uncertainty factor. READ MORE
May 2011
If you are late in paying your utility bill, mortgage or installment on a purchase, you may be charged a late fee. There also may be set fees for the cancellation of orders, insufficient funds in an account or even bank inactivity. READ MORE
March 2011
Once two parties have negotiated and signed a contract, that document’s terms and specifications are supposed to be unalterable, except by further mutual agreement. Interpretation problems arise when one party to the contract claims there were promises made, before the contract was signed, that were inadvertently not included in the written document. READ MORE
December 2010
In old England, a citizen was legally required to raise a “hue and cry” when he saw a crime committed. No such rule exists here. Similarly, you do not have a duty to throw a life preserver to a drowning person. American law has developed in a way that does not require us to help one another. READ MORE
November 2010
Pillage, plunder, despoil. These words conjure up images of Conan the Barbarian robbing and destroying whole villages. “Spoliate” is a less bloody but similarly archaic word. Spoliation has a unique position in the law and, when proven, can lead to severe consequences. In its general sense, spoliation means the destruction of evidence, whether intentionally or by negligence. READ MORE

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