Incorporation by Reference in Contracts - January 2022

Thu, Jan 20, 2022 at 8:00AM

Trent Cotney, CEO, Cotney Attorneys & Consultants

If you have ever reviewed a commercial contract, most of them incorporate at least one other document. The classic example is the AIA form documents. AIA A101 or A111 incorporate A201 by reference. A201 is a 40-page document that has numerous terms that may impact a contractor’s ability to get paid including terminations for convenience, waiver of consequential damages and notice provisions on claims. Most contractors gloss over the reference and never bother to obtain, let alone read, A201. Read more.

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