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

July 2010
For most contracts, a contractor’s application for final payment must be accompanied by final waivers of lien and verified statements that all amounts due are accounted for. Where there are outstanding claims, the request for final payment becomes problematic. In a recent case, Boro Construction Inc. v. READ MORE
May 2010
An illusory promise is an oxymoron, as it is not a promise at all. “I will take out the trash” is a promise of sorts. “I will take out the trash if I feel like it” is illusory. READ MORE
March 2010
No matter how thorough and complete the drawings and specifications, there will be manufacturing and installation details that are left to the contractor. These details are often shown on shop drawings. They can include hanger details, conduit routing, details for devices and a broad range of other fabrication and erection measurements and choices. READ MORE
January 2010
There is no way around it. The concept of revocation of acceptance is an odd one. If you pay for goods or services that turn out to be less than what you bargained for, your first thought might be to sue for damages for breach of contract. READ MORE
November 2009
It seems basic that when two parties enter into a construction contract, they are both bound to perform as agreed. Neither side has the right to walk away from the commitment unless there are exceptional circumstances, none of them good. READ MORE
July 2009
The phrase, "The king can do no wrong," may sound quaint today. It means a citizen cannot sue the sovereign, even if the king is wrong. This is called sovereign immunity. In American legal parlance, the sovereign is the government. READ MORE
May 2009
Among the more difficult types of contract damages is a claim for lost profits. In instances where the contract is wrongfully terminated, you will need to prove that the affected project would have been profitable and that you were unable to make up the loss through other jobs. This difficulty of proof is amplified where the claim is for lost bonding capacity. READ MORE
March 2009
“It is undisputed that virtually all of the drawings and specifications … contained substantial errors, conflicts and discrepancies, which rendered them unusable for the construction of the project … .” Eaton Electric Inc. v. Dormitory Authority of the State of New York, (N.Y. Superior Court 2008). This circumstance was outrageous, but it was not enough to void the contract. READ MORE
January 2009
Example 1: During a push to get a new department store finished, the owner changes lighting layouts. He also decides to expand a storage area. No new drawings are issued, and the owner’s representative tells you to go ahead on verbal instructions. READ MORE