HDR farblog
May
03

Incorporation of Terms in a Contract by Reference

Courts and boards have narrowly construed when a contract will incorporate extrinsic terms by reference. A good example of this practice occurred in a recent decision of the U.S. Court of Federal Claims, Peterson Industrial Depot, Inc. v. U.S., 140 Fed. Cl. 485 (2018), where the court denied a contractor’s breach-of-contract claim because the contract lacked the specificity to make outside documents part of the agreement.

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