Articles
Fine Print: Supply Chain Legal Issues
10 Ways to Improve Your Supply Contract
Brexit, COVID-19, and the Suez Canal congestion brought Force Majeure clauses in supply chain contracts into sharp focus. Force Majeure clauses seek to limit the liability of a party whose performance is affected by an unforeseen event beyond that party’s control.
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Power of Prevention: Compliance Audits
Organizations historically performed supplier contract audits to monitor and manage contracts and ensure all parties meet their agreed-upon terms. This includes finding past billing errors and recouping funds when overbilling is identified.
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Updated Uniform Bill Of Lading Changes: Are You at Risk?
Key components of the bill of lading unexpectedly changed in August 2016. While the changes may appear subtle, the implications sent shockwaves through the transportation industry. As the new standard approaches one year, it is important to re-visit the newly adopted terms to mitigate potential pitfalls. The uniform bill of lading is the default form […]
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When to File Loss and Damage Claims: Know Your Rights
Damage, loss, and delays are inescapable. When these events occur, the shipper has to file a claim to recover the loss. Shippers should understand the claims process and law because the legal principles are unique to the shipping industry. First, it is important to understand that a cargo claim is based on a breach of […]
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Accidents Happen: Is Your Transportation Partner Prepared?
When a personal injury or wrongful death lawsuit is brought against a commercial transportation company after a motor vehicle accident, creative lawyers are increasingly including negligence claims. Such claims focus attention on how the transportation company hires, trains, supervises, and disciplines its drivers. Falling short in these practices can form the basis for a jury […]
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Top 5 Things Shippers Need to Know about the Canadian eManifest
Moving data is often as important as moving freight. The Canadian eManifest is an important step toward improving security by receiving cargo and conveyance information before a shipment arrives at the border. The list below compiles the top five items that shippers, their carriers, drivers, and any company involved in U.S.–Canada highway transport should know […]
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SOLAS Container Weight Verification: What Shippers Need to Know Now
Container stack collapses; vessel instability; injury to dock and vessel workers; damage to cargo, ships, and port machinery; insurance claims; and significant environmental impact have added to the urgency for an accurate container weight. As a result, the International Maritime Organization (IMO) implemented the Safety of Life at Sea (SOLAS) requirement to verify container weight […]
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Lifting the Fog on Extreme Caution Driving
Inclement weather such as rain, snow, and fog is a constant feature of motor vehicle travel. During poor conditions, commercial truck drivers and their dispatchers must use discretion when deciding whether travel should continue and in what manner. Federal Motor Carrier Safety Regulations (49 C.F.R. § 392.14) specifically address driving in adverse weather conditions and […]
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How to Handle DOT and GHS Regulations
The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) deadlines that went into effect on June 1 and December 1, 2015, respectively, have significantly impacted U.S. chemical manufacturers and distributors. By now, all chemicals being shipped by manufacturers and distributors should meet the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) […]
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The Trials and Errors of Preventability Determinations
After a motor vehicle accident, it is common for motor carriers to determine whether their driver could have prevented the accident. This positive, safety-oriented process is known as a preventability determination. Carriers make this assessment for several reasons: to evaluate and possibly change company policies and procedures to prevent similar accidents, to determine whether it […]
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