Drafting Motor Carrier Agreements: Anticipating and Addressing Cargo Claims, Carrier Indemnity Obligations and More

Jason Engkjer spoke at Strafford Publications webinar on May 19, 2016 on “Drafting Motor Carrier Agreements: Anticipating and Addressing Cargo Claims, Carrier Indemnity Obligations and More.”

 

Summary:
Navigating MAP21 Legislation, Carrier Safety Performance and Compliance Requirements, and Other Key Concerns for Motor Carriers

This CLE webinar will discuss key legal and regulatory considerations for counsel drafting and negotiating motor carrier agreements. The panel will examine a number of issues affecting motor carriers, including the Federal Highway Administration’s (FHA) MAP-21 legislation, the Federal Motor Carrier Safety Administration’s (FMCSA) Safety Measurement System and more. The panelists will also discuss how counsel can anticipate and proactively address cargo claims, carrier indemnity obligations and other commonly disputed agreement terms when drafting motor carrier contracts.

Description

Counsel drafting and negotiating motor carrier agreements must comply with a wide array of federal, state and international laws while effectively allocating risk and reducing liability exposure. Having a keen understanding of the FHA’s MAP-21 legislation, the FMCSA’s Behavior Analysis and Safety Improvement Categories (BASICs), and carrier indemnity obligations to customers, among other important legal and regulatory issues, is key to successful contract negotiations.

Motor carrier agreements should address at a minimum the number and series of shipments to be transported; the scope of services; the interplay of the motor carrier agreement with bills of lading; warranties and indemnity; insurance; and payment.

Listen as our authoritative panel of attorneys discusses best practices for drafting motor carrier contracts that take into account a myriad of rules and regulations governing safety, as well as anti-indemnification laws in various states. The panel will explain how to avoid common contracting pitfalls when negotiating agreements that allocate risk and minimize liability exposure.

Outline

  • Federal and state regulations/legislation impacting motor carrier contracts
  • Key provisions in motor carrier agreements
  • Dealing with indemnity disputes

The panel will review these and other key issues:

  • How do the FHA’s MAP-21 legislation, the FMCSA’s Safety Measurement System, and other key federal, state and international laws impact the drafting and negotiation of motor carrier contracts?
  • What considerations should counsel take into account when negotiating key contract terms?
  • What are some common contracting pitfalls with motor carrier contracts and how can they be avoided or overcome?

Panelists:

  • Jason Orleans, Partner, Chilton Yambert Porter, Chicago
  • William D. Bierman, Principal, Price Meese Shulman & D’Arminio, Woodcliff Lake, N.J.
  • Jason E. Engkjer, Lommen Abdo, Minneapolis