Is there an obligation to provide those documents when documents are incorporated by reference? 17 Answers as of June 27, 2013

A construction document is referencing acceptance of a home built per plans and specifications of the general contractor but the general contractor will not provide the plans and specs nor make them accessible for review.

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Leonard A. Kaanta, P.C. | Leonard A. Kaanta
Yes he should provide them.
Answer Applies to: Michigan
Replied: 10/2/2012
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You do not give enough information. In what context do you need the documents?
Answer Applies to: Michigan
Replied: 6/27/2013
Law Offices of Michael N. Stafford | Michael N. Stafford
I would not advise executing an agreement that is not complete. You are entitled to see those documents before signing the agreement.
Answer Applies to: California
Replied: 9/24/2012
Law Offices of Frances Headley | Frances Headley
Yes, documents incorporated by reference should be supplied. If they are not, you should not sign the contract.
Answer Applies to: California
Replied: 9/24/2012
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The short answer is yes. Sounds suspicious to me as to why the documents are being refused to you. It is your money that is making the purchase. You can be sure a construction lender would require a production of the documents and have their own expert to examine the plans and specifications prior to signing off, and so would an insurer.
Answer Applies to: California
Replied: 9/24/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes, because if there is a dispute, those plans and specifications are the contractor's defense that he performed according to the contract. That is like agreeing to buy a car but never being told what car you are buying. If he will not show you the plans and specifications THAT IS A RED FLAG AND GO SOMEWHERE ELSE.
    Answer Applies to: California
    Replied: 9/24/2012
    Frederick & Frederick PLC | James P Frederick
    I would say yes. I do not know how you know what you have agreed to, if you do not have all of the documents referenced in the agreement.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Bassinger & Harvey
    Bassinger & Harvey | Randy J Harvey
    A contract that references documents must include the documents in the appendices referenced in the contract. If the contract refers to a statute or code, it is not necessary to include the statute or code. I would advise against any contract that does not include all of the documents referenced and incorporated in the contract.
    Answer Applies to: Oregon
    Replied: 9/24/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    If they refuse to deliver the back-up paperwork a reasonable assumption could be that there was something wrong with the subject matter of the contract.
    Answer Applies to: Georgia
    Replied: 9/24/2012
    Powell Potter PLLC
    Powell Potter PLLC | Shawn Potter
    Do not sign a contract that incorporates other documents by reference if you do not have the referenced documents. The law presumes that by you signing the document, you consent to all of its terms and that you have had sufficient opportunity to review all of the terms. If the contractor wants you to sign the contract you should withhold your signature until he has provided those documents and until you have had a chance to review them.
    Answer Applies to: Utah
    Replied: 9/24/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes those documents need to be available for review.
    Answer Applies to: Nevada
    Replied: 9/24/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes there is an obligation to provide all referenced documents in a contract unless the documents are readily available elsewhere, such as building codes on a government website. Beware a contractor that tries to hide things.
    Answer Applies to: Nebraska
    Replied: 9/24/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    You are entitled to review all documents before you sign a contract. If, as you say, a construction contract is referencing plans and specs, you should review all of that before signing. If you are speaking about someone else's contract, then no, you have no right to ask a contractor to provide documents for a prior contract that he was involved with. You would then ask the person who is showing you the contract for those documents, not the contractor. If you do not get what you want to review, back out of the transaction or take the risk and proceed.
    Answer Applies to: California
    Replied: 9/24/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes.
    Answer Applies to: Washington
    Replied: 5/22/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    Of course, there is an obligation on the contractor to provide you with either a copy of or access to the plans and specifications adopted by reference. Any reluctance by the contractor to do so is a strong signal against entering into any contract with him.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Victor Varga | Victor Varga
    Yes.
    Answer Applies to: Maryland
    Replied: 5/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You are entitled, to at least review the referenced documents and should sign nothing until you or counsel does.
    Answer Applies to: Michigan
    Replied: 9/24/2012
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