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

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
November 2008
At a recent construction law conference, a speaker from the Attorney General’s Office of Maryland talked about criminal laws applicable to construction and contractors. A contractor later told me that, based on what he heard, his company had committed crimes just about every day for the last 10 years. READ MORE
September 2008
When a subcontractor is not paid, the first questions asked are, “Who is a friend? Who is an enemy?” Do you sue everyone, or do you join forces? The subcontractor’s decision can have long-range consequences. For the purposes of this article, the payment issue involves unresolved changes, extras and other claims, and it does not involve the collection of undisputed contract earnings. READ MORE
July 2008
There is an expression: "You cannot change just one thing.” This aphorism makes logical sense, particularly with regard to change orders in a construction project. The burden on a contractor, when faced with a change of any magnitude, is to anticipate direct and indirect effects of that change on all parts of the work and then compute the cost and time impact. READ MORE
May 2008
Einstein's fame rests, in part, on his discovery that time is a variable dimension. Contractors have always known this fact. There have been instances when a one-week impact event causes a one-month delay; when four weeks of work are accomplished in two; when “float” on a critical path schedule (CPM) mutates to being critical. READ MORE
March 2008
Waiver and estoppel are two different equitable concepts that lead to the same result. With waiver, a person’s actions result in the loss (a waiver) of a right. With estoppel, the right continues to exist, but it cannot be used. In both instances, the law is trying to do what is fair. READ MORE
January 2008
How often have you told yourself, if I had it to do over, I would have done things differently? My thinking is that hindsight is 50/50, because the correct answer isn’t always clear. Even so, when I read the court’s opinion in St. Paul Fire and Marine Ins. Co. v. READ MORE
November 2007
Daewoo Engineering & Construction Company versus United States, 73 Fed. Ct. 547 (2006) involved a claim for excess costs on an Army Corps of Engineers project. A lengthy trial resulted in an award of $50 million against Daewoo for fraud. Daewoo won a job for, among other things, building a road in a rainy area of the world. READ MORE

Pages