Drafting Transportation Contracts: Negotiating Key Terms in Shipper, Carrier and Broker Agreements

Minimizing Loss and Liability Exposure in the Event of Loss, Damage or Non-Delivery of Goods

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, November 3, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide counsel in drafting transportation agreements governing the shipping of commercial goods from manufacturers to distributors to retailers. The panel will discuss best practices for negotiating contract terms on behalf of carriers, shippers and brokers to minimize liability exposure in the event of loss, damage or non-delivery of goods.

Description

Businesses involved in transporting commercial goods face a number of legal risks and potential liability in the event of loss, damage or non-delivery of the goods. Counsel advising these carriers, shippers and brokers must understand a wide array of federal, state and international transportation laws and negotiate transportation contracts that comply with these myriad rules while effectively allocating risk and reducing liability exposure.

Indemnity/hold harmless provisions are key risk shifting provisions in transportation agreements. In addition, transportation contracts generally include minimum insurance requirement provisions to cover the risk of any reasonably foreseeable losses. Some agreements further require each party to the contract to add the other as an additional insured under their own insurance policy to maximize insurance coverage in the event of a loss.

Understanding the relationship between the indemnity and insurance provisions and additional insured coverage is key to maximizing coverage and managing risk. Other key provisions in transportation contracts include service rates, payment terms, damages, best efforts, force majeure, confidentiality and more.

Listen as our authoritative panel of transportation attorneys explains best practices for drafting transportation contracts. The panel will provide strategies for counsel to carriers, shippers and brokers to avoid common contracting pitfalls when negotiating terms to minimize the risk of loss, damage or non-delivery of commercial goods.

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Outline

  1. Key provisions in transportation contracts
    1. Indemnity
    2. Insurance
    3. Additional insured
    4. Rates and payment terms
    5. Damages
    6. Force majeure
    7. Best efforts
    8. Other key provisions
      1. Waiver of federal regulation provisions
      2. Cargo claims liability, limitations and claims handling procedures
      3. Use of bills of lading
      4. Carrier safety standards
    9. MAP-21 and the role of the intermediary
  2. Contract negotiation considerations and best practices for carriers, shippers and brokers

Benefits

The panel will review these and other key issues:

  • What federal, state and international laws govern transportation contracts?
  • What are the key provisions that counsel should carefully negotiate when drafting transportation agreements?
  • What are some common contracting pitfalls with transportation contracts and how can they be avoided or overcome?

Faculty

Michelle L. Mejia
Michelle L. Mejia

Sandler Travis & Rosenberg

Ms. Mejia concentrates her practice in the areas of litigation, insurance defense, and commercial contracts related to...  |  Read More

Angela Alexander Savino
Angela Alexander Savino

Perez & Morris

Ms. Savino's practice focuses on business law, commercial real estate, transportation and premise liability...  |  Read More

Seaton, Henry E.
Henry E. Seaton

Partner
Seaton & Husk

Mr. Seaton's practice focuses on the areas of transportation law, contract law and commercial litigation. He...  |  Read More

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