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Ode to Boilerplate

Client Alert | 1 min read | 05.02.14

In DMS Imaging Inc. v. U.S. (CFC Apr. 30, 2014), a boilerplate severability clause may have saved the contractor's claim for damages after equipment it leased to the government was destroyed. The government argued that the contractor's standard lease terms, expressly incorporated into the contract with the government, were invalid because they included an indemnification clause alleged to violate the Anti-Deficiency Act, but the CFC found the government liable for damages to the equipment under a separate, risk-of-loss clause, which was not invalidated because, even if the indemnification clause were unenforceable, a third boilerplate provision provided that unenforceable or void provisions would be deemed severable. 


Insights

Client Alert | 3 min read | 01.20.26

DoW Joins SBA’s Fight Against Alleged Pass-Through Fraud in the 8(a) Program

On January 16, 2026, U.S. Secretary of War Pete Hegseth posted a video on social media outlining the U.S. Department of War’s (DoW) plan to combat fraud, waste, and abuse in the Small Business Administration’s (SBA) 8(a) Business Development Program. ...