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 2013
There may not be a “typical” changes clause for construction contracts, but most contracts have something giving the right to the owner or general contractor to order changes. Each of these clauses will have variations regarding written notice, time extensions, paperwork requirements, etc. READ MORE
January 2013
Let’s look back on the topics my column has covered over the past year and test your understanding. My answers to these questions appear at the end of this column.
November 2012
How would you react if you discovered—after the fact—that you had signed a contract that permitted the other contracting party (owner or general contractor) to act arbitrarily, to actively interfere with your work, to act in bad faith, and even to be guilty of fraud? Your initial response might be that such a contract is illegal. READ MORE
September 2012
When drafting an electrical subcontract, it is fairly standard for a general contractor (GC) to refer to the contract between the owner and GC. GCs typically want to include the owner’s terms and conditions. What does it mean to you—the electrical contractor—and how does the inclusion of the owner/general contractor agreement modify your agreement? READ MORE
July 2012
In the construction industry, many projects end with unresolved claims. The outstanding matters may be a result of an accumulation of changes encountered during the job for which a final price, or even acknowledgment that there is an extra, remains to be negotiated. READ MORE
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