Attorney, Arbitrator, Mediator - Construction, Commercial, Government Contracts

Founding Partner, Ittig & Ittig P.C., 1999 – Present; Partner/Of Counsel, Kasimer & Ittig P.C., 1984 – 1999; Senior Attorney, Seyfarth Shaw Fairweather & Geraldson, 1979 – 1982; Special Assistant to Deputy General Counsel for Regulation/Deputy Assistant General Counsel/Deputy Assistant Director of Office of Hearings & Appeals, Department of Energy, 1976 – 1979; Visiting Associate Professor of Law, University of Mississippi, 1975 – 1976; Assistant Professor of Law, University of Tennessee, 1972 – 1975; Teaching Fellow, College of Law University of Illinois, 1971 – 1972.

Law practice concentrated in construction contract and commercial law since 1984. Practice devoted to contract drafting and negotiation, mediation, arbitration, and litigation. Commercial law issues include buy/sell and stock purchase agreements, partnership disputes, equipment leasing and purchase orders, licensing, franchising, and joint ventures. Construction practice represents owners, general contractors and subcontractors, design professionals, and manufacturers on both public and private commercial, construction, and industrial projects. The size of the claims on these projects has exceeded $100 million. Serves as mediator of commercial and construction disputes both domestic and international among private businesses and public entities. Serves as single arbitrator and frequently as chair of a panel on national and international commercial and construction disputes sited in the United States and abroad with the application of domestic and foreign law. Directed conferences and presented seminars on construction law in the United States, Spain, Kuwait, Greece, Dubai, Abu Dhabi and Bahrain.

Assisted parties as a mediator in reaching settlements in every category of dispute that arises in construction. Has also mediated a large number of commercial disputes, such as those involving buy/sell agreements, joint ventures, franchising, and business organization problems. Disputes have involved private business and public entities. Mediated disputes, many of which involve multiple parties, include Top Secret Federal Installations, Historic Buildings, University Microbiology Center, Mergers and Acquisitions, Hotel Construction, Overseas Consulate Construction, Insurance Coverage Issues, Public Utilities, including Water and Sewage Treatment, Luxury Retail, Shopping Centers, Restaurants, Garages and Storage Facilities, Civil Works - Roads and Bridges, Schools and Athletic Facilities, Parks and Recreational Facilities, International Airplane Construction, Federal Buildings, Food Manufacturing Facilities, Crane Collapse, Government Service Contracts, Hospitals, Churches, Architectural Services, Condominiums, Single and Multi-Family Residences, Office Buildings, Power Plants, Condominiums, and Single and Multi-Family Residences.

In construction mediations, most of the handled issues dealt with payment and incomplete or defective work. Other issues included claims for delay, loss of productivity, acceleration, lost profit, changed conditions, and other changes in the scope of work. In non-construction business disputes, the issues were mostly about valuation of the business and damage claims for breach of the parties' commercial contract.

I consider it an important part of the mediator's role to assist each party in putting its best case forward. With this approach, each party is able to present its own arguments and learn the other parties' contentions and defenses that will likely be at issue in court or arbitration if the dispute is not settled. They will also know that the other side has been presented with the full force of their position, undiluted by restrictions that are placed on testimony in an adversarial proceeding. I expect the parties to listen avidly to one another and to take an active part in fashioning a solution that will be mutually agreeable. I believe in the individuality of every dispute, so I do not expect all mediations to be the same. I want to strike the path that is most advantageous to the full discussion and resolution of the particular circumstances of each case. Attorneys and parties have shown their confidence in my philosophy and approach by inviting me to serve as mediator on multiple occasions and by recommending me to others.

University of Illinois (LLM 1973); State University of New York at Buffalo (JD 1971; BA 1968).

Admitted to the Bar: Maryland (1989), District of Columbia (1977), New York (1972), Virginia (1977); admitted to practice in federal courts at trial and appellate level; special admissions to various state courts in individual cases.

American College of Construction Lawyers (Fellow); College of Commercial Arbitrators (Fellow); The Chartered Institute of Arbitrators (Chartered Arbitrator/Fellow); International Mediation Institute (IMI) (Certified Mediator); National Academy of Distinguished Neutrals (Member); Founding Fellow, Asian Institute of Alternative Dispute Resolution; District of Columbia Bar Association; Virginia State Bar Association; Legal Counsel, Professional Remodeling Organization (PRO) Mid-Atlantic.

"Mediation, Arbitration and Other Methods," MARYLAND CONSTRUCTION DESKBOOK (2023); Presenter, Don’t Get Lazy with Your Downstream Contract - Consolidation and Joinder in Construction Disputes, AAA Construction Conference, NYC; Ready, Set, Mediate: For the Mediator and Ready, Set, Mediate: For the Advocate, two chapters, CONCILIATION AND MEDIATION IN INDIA, Wolters/Kluwer 2022; Presenter, In-House Arbitration Seminar for Hogal Lovells’ attorneys and clients; Presenter, In-House Seminars for Design/Build Contractor on best practices; Presenter, The Latest and Best Thinking on Construction Arbitration Topics, College of Commercial Arbitrators; Presenter, Women in Construction 14th Annual Conference, Empowering You to Succeed in Construction, DC; Moderator of Panel/Program Creator, Not So Common Unexpected Happenings, College of Commercial Arbitrators Annual Meeting, San Francisco, CA; Presenter, A Delicate Balance: Arbitrating the Complex Commercial Case Without Sacrificing Speed, Efficiency and Cost Savings, ABA Section of Litigation Annual Meeting, NYC; Presenter, The Efficient Hearing, Advocate Maximus, New Delhi, India; Presenter, The Arbitrator and The Advocate: What Do They Want?, Advocate Maximus, New Delhi, India; Presenter, Handling Multi-Claim Construction Disputes: Practical Tips, ABA Section of Dispute Resolution Annual Meeting, DC; Presenter, The Future of Construction ADR: What Will Construction ADR Look Like from the Back Seat of Your Self-Driving Car?, Plenary Session, American College of Construction Lawyers Annual Meeting, Dana Point, CA; Presenter, The Walrus and The Carpenter: The Advocate and the Arbitrator - What Do They Want?, College of Commercial Arbitrators Annual Meeting, Orlando, FL; Presenter, Negotiation and Conflict Resolution Skills, Construction Institute, Hartford, CT; Panelist, A View from the Tribunal - Advocacy Tips and Traps in Arbitration, American College of Construction Lawyers, Laguna Beach, CA; Presenter, Using Effective Dispute Resolution Strategies in Your Practice, DC Bar, DC; Presenter, Secrets from the Inside: What Arbitrators Think You Should Do, Plenary, The Construction ADR Summit, ABA Forum on Construction Law, Austin, TX; Presenter, Individual Presentation and Panel Discussion on Commercial Construction Arbitration: Are Dispute Adjudication Boards the Way to Go Forward?, Dusseldorf International Arbitration School, Dusseldorf, Germany; Presenter, Effective Advocacy and Management in Arbitration, College of Commercial Arbitrators/DC Bar, DC; "Secrets of a Winning Presentation," Chapter 11, CONSTRUCTION ADR (2014), "The Top Twenty Mistakes Attorneys Make in Arbitration and How to Avoid Them," DISPUTE RESOLUTION JOURNAL, October 2010, reprinted in UNDER CONSTRUCTION, December 2010; Contributor, AAA Handbook on Arbitration Practice, 2009; Contributor, AAA Handbook on Mediation, 2010; "Entrances and Exits: Outside the Mediation," DISPUTE RESOLUTION JOURNAL, July 2007; "Front and Center: Chairing an Arbitration," DISPUTE RESOLUTION JOURNAL, August 2005; "Thirty Steps to a Better Arbitration," DISPUTE RESOLUTION JOURNAL, August 2004; International Arbitration Workshop, The Chartered Institute of Arbitrators, San Francisco; Getting the Arbitration Process You Want and Need, Tenn. Bar, Nashville; Writer, Director, Actor, "AAA Triple Play," a three-act play on discovery, delay and motions practice in arbitration, AAA/ICDR Neutrals' Conference, Scottsdale, AZ; Successfully Handling Interim and Partial Final Awards, Prevailing Party and Cost-Shifting, and Draft Awards, ABA; Organizer/Moderator, A Fresh Look at ADR for International Energy Construction Projects, CPR/The Chartered Institute of Arbitrators, DC; Presenter, Discovery in Construction Arbitration: When is Enough, Enough?, American Arbitration Association, DC; Presentations in Spain, Abu Dhabi, Bahrain, Kuwait, Greece, Dubai

Metro DC Area, including Northern Virginia, Maryland counties contiguous to DC

$625 Per Hour

English

United States of America

Washington, DC