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At the 39th Annual Transportation and Logistics Counsel Conference, the importance of documentation in due diligence processes was emphasized. Experts shared insights on differentiating between a motor carrier and a broker, highlighting the need for meticulous records. Parties are urged to document their interactions, review insurance policies thoroughly, and consider FMCSA safety statistics. Disputes with carriers or brokers should also be formally recorded. Remember, effective contracts are clear and documented, just like stitches in fabric, ensuring protection and accountability in the logistics field.
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Document It! Paul J. Kozacky pkozacky@kozacky.com KOZACKY & WEITZEL, P.C. Chicago, Illinois 39th Annual Transportation and Logistics Counsel Conference
Document your due diligence. Why? Because if it’s not written down, it didn’t happen.
They said what?!? Expert A: “She believed that, for this load, [defendant] was acting as a motor carrier with respect to dispatch, management and supervision of the load.” Expert B: “He opined that [defendant] acted as a broker in this case, noting that [defendant]’s special instructions and fines were not unusual in the industry.”
Visit your carriers or brokers in person DOCUMENT YOUR DUE DILIGENCE
Review your carriers and brokers’ insurance policies, not just their insurance certificates DOCUMENT YOUR DUE DILIGENCE
Review the FMCSA’s BASIC safety statistics DOCUMENT YOUR DUE DILIGENCE
Have you had a dispute with your carrier or broker during your course of dealing with it? DOCUMENT YOUR PROTEST
WRITE IT DOWN Because contracts—like stitches—ought to be clean