Negotiating Carrier-Broker-Shipper Agreements: Advanced Strategies, Key Provisions, Latest Trends and Issues

Limitations of Liability, Indemnification, and Hold-Harmless Provisions; Damages; Best Efforts; Reps and Warranties; Waivers

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


Conducted on Thursday, September 10, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide transportation attorneys with practical advice on drafting and negotiating carrier-broker-shipper transportation agreements. The panelist will discuss advanced drafting issues and strategies for negotiating favorable provisions related to indemnity, liability limitations, waivers, and other matters in contracting for the movement of freight. The panelist will also explore recent trends, issues, and problems impacting these contracts on behalf of carriers, brokers, or shippers to minimize liability exposure if a delay occurs, or for loss, damage, or non-delivery of goods.

Description

As supply chain complexity continues to evolve, reliance by both shippers and carriers on third party logistics companies, including brokers, becomes more and more common. However, with additional parties involved in the transportation of cargo, comes increased complexity including with respect to contracting for services because it is extremely rare for all three (or more) participants to be parties to the same agreement.

The key risk-shifting provisions in transportation agreements--such as indemnification, cargo liability and hold harmless provisions, among others--remain the same. But the trends, issues, and problems impacting shipper-broker and broker-carrier contracts are rapidly changing. Contractual matters arising from the ever-expanding use of non-commercially licensed drivers for home deliveries and contractual questions raised by the use of technology are changing the industry. Further, the agreements now need to address the issues of the current environment and ensure the limitation of liability due to the potential claims arising from COVID-19.

Given the changing technological, regulatory, and economic landscape, counsel advising carriers, brokers, and shippers must acquaint themselves with advanced strategies for drafting and negotiating these provisions to defend clients' interests and reduce liability exposure.

Listen as Nathaniel G. Saylor, Partner at Scopelitis Garvin Light Hanson & Feary, explains advanced drafting issues, innovative negotiation strategies, and the critical emerging issues impacting shipper-broker-carrier agreements. The group will also provide an update on recent and pending legislation impacting the transportation industry so savvy counsel can best minimize client exposure.

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Outline

  1. Overview
  2. Latest regulatory, economic, and technological trends
    1. How has COVID-19 changed the issues in contracts?
  3. Key provisions in carrier-shipper agreements
    1. Indemnity
    2. Limitation of liability
    3. Waiver
    4. Other critical provisions
  4. Drafting strategies
  5. Contract negotiation considerations and best practices

Benefits

The panelist will review these and other key issues:

  • What state, provincial, federal, and international laws govern transportation contracts?
  • What are the critical provisions that counsel for shippers, brokers, or carriers must carefully negotiate when drafting these agreements?
  • What are innovative risk-shifting provisions that successfully minimize client exposure?
  • How has the current pandemic impacted the transportation industry?
  • What contractual issues arise with the ever-expanding use of non-commercially licensed drivers for home deliveries?

Faculty

Saylor, Nathaniel
Nathaniel G. Saylor

Partner
Scopelitis Garvin Light Hanson & Feary

Mr. Saylor's practice focuses on a wide array of transportation and logistics issues including transportation and...  |  Read More

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