Boilerplate provisions in public sector agreements: general considerations
Boilerplate provisions in public sector agreements: general considerations

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Boilerplate provisions in public sector agreements: general considerations
  • Nature of boilerplate provisions in public sector contracts
  • Brexit impact—public procurement and public sector contracts
  • Legal powers and duties of the public sector
  • Measures to improve SME access to public sector contracts
  • Remedies in public sector contracts
  • Further reading and example provisions

Nature of boilerplate provisions in public sector contracts

Lawyers work on a huge variety of transactions, but all of them will in some way involve written agreements. Most of those agreements will contain boilerplate provisions in some form.

'Boilerplate' is the term used to describe the clauses that are included in an agreement to deal with the mechanics of how the agreement works and those generic legal points that are relevant to most transactions. They are generally found at the beginning and the end of an agreement. Such clauses are often thought of as standard, miscellaneous provisions, but this is a dangerous view to adopt.

Boilerplate clauses can have a significant impact on the other clauses in an agreement and on an agreement as a whole. It is important that any such impact is intentional and not the result of a boilerplate clause being included in an agreement without due consideration of why it has been included. It is not unusual for a boilerplate clause to be the cause of litigation.

It is key when drafting or reviewing an agreement to consider each boilerplate clause that has been included carefully:

  1. to ensure that its inclusion is appropriate in the context of the transaction

  2. to ensure that its scope is appropriate in the context of the transaction

  3. to understand what the position