Incorporation of Documents Not in Existence at the Time of Contract

In GA Engineering Pte Ltd v Sun Moon Construction Pte Ltd [2020] SGHC 167, a subcontract for a glass curtain  wall system referred to a set of Glass Specifications which came into existence only after the subcontract was formed.  The High Court held that it was the parties’ objective intention in this case to incorporate into the subcontract the Glass Specifications, since this is consistent with the general position that parties may agree certain essential terms of the contract and proceed on this basis even while they engage in “ongoing discussions on the incorporation of other usually detailed terms”.

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