U.S. Court of Appeals for the Federal Circuit

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September 16, 2013

The Federal Circuit summarily affirmed the decision of Civilian Board of Contract Appeals.

U.S. Chamber argues boilerplate exculpatory language cannot immunize the government for misrepresentations it makes

December 21, 2012

NCLC urged the Federal Circuit to reverse the decision of the Civilian Board of Contract Appeals, which rejected claims by the plaintiff company that the government made misrepresentations, erroneous directives and other similar errors by invoking general, boilerplate exculpatory language in the contract. NCLC argued in its amicus brief that the government cannot absolve itself of responsibility for making misrepresentations to contracting parties by inserting generic exculpatory language in its contracts. NCLC explained that broad exculpatory provisions like the one at issue here are disfavored in contract law and when they are contrary to public policy, they are unenforceable. Additionally, NCLC argued that under longstanding principles of government contracting law, general disclaimers do not immunize the government from misrepresentations it makes.

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