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 Tuesday, October 2, 2018

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.


Businesses involved in transporting commercial goods face some legal risks and 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. Also, transportation contracts generally include minimum insurance requirement provisions to cover reasonably foreseeable losses. Some agreements further require each party to the contract to add the other as an additional insured under their 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 critical to maximizing coverage and managing risk. Other essential 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.



  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


The panel will review these and other priority issues:

  • What federal, state and international laws govern transportation contracts?
  • What are the critical 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?
  • Historical evolution and transformation of property brokers to today’s prominent logistics industry.


Pezold, George
George Carl Pezold

Senior Member
Pezold Smith Hirschmann & Selvaggio

Mr. Pezold is the senior member of Pezold Smith Hirschmann & Selvaggio LLC, and is engaged in general practice with...  |  Read More

Taylor, William
William D. Taylor

Hanson Bridgett

Mr. Taylor has significant experience in all aspects of the transportation industry throughout the U.S. and global...  |  Read More

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