WT100 Blog

What You Don’t Say Matters

Indemnity contracts can save litigation problem and expenses.

October 30, 2012

In today’s business environment, partnering with other companies to help bring your goods from the manufacturing plant to the marketplace is essential. And almost all aspects of such business relationships are governed by formal, written contracts that allocate risks among the collaborating companies.

But do you really know what’s in those contracts? Or, perhaps more importantly, do you know what’s not in them?

If your goods are damaged, or if someone is hurt, in bringing those goods to market, will your business be required to provide compensation for losses suffered by the injured party? In short, do your contracts contain appropriate indemnification provisions to protect your business, or does your contract leave you on the hook for a mistake made by someone else?

The answers to these questions are critical to any business whose everyday contracts require it to provide indemnification to a third party in the event of loss or injury. Your company needs to ensure that it will not be required to indemnify or reimburse the companies with whom you do business for those companies’ own acts of negligence.

In the next few months, we’ll return to this topic in World Trade 100 and provide an overview of how indemnification provisions operate when the company seeking indemnification is wholly or partially responsible for the loss it has suffered. We willl also examine how the courts in a number of states interpret the applicable law, demonstrating that the wrong wording in an indemnification provision could require your business to shoulder a risk that you never meant to assume. And, finally, we will offer suggestions to fix any shortcomings in indemnification provisions.
Jeffrey Lewis is a partner in the Atlanta based law firm Arnall Golden Gregory and a member of the firm’s Logistics & Transportation Team.


You must login or register in order to post a comment.



Image Galleries

KC SmartPort Momentum

Kansas City SmartPort Momentum 2013 focused on 3PLs, the issues facing the industry, and the role or logistics in economic development



Calculating a true landed cost for global sourcing directly correlates with the profitability of purchased goods. However, few companies can command real-time visibility in to all the costs involved for cross border movements. In this podcast, World Trade 100 and Amber Road highlight how a comprehensive global trade platform that converges both logistics and compliance costs can deliver true landed cost visibility.


Speaker: Hung Lee, Senior Product Manager, Amber Road

More Podcasts


World Trade 100 Magazine

april cover wt100 2014

2014 April

Check out the April 2014 edition of World Trade WT100, featuring articles on fueling changes for trucking plus much more!

Table Of Contents Subscribe

Supply Chain Disruptions

Which are the most common causes of disruptions in your supply chain?
View Results Poll Archive


World-Class Warehousing and Material Handling, 1st Edition

Filled with proven operational solutions, it will guide managers as they develop a warehouse master plan, one designed to minimize the effects of supply chain inefficiencies as it improves logistics accuracy and inventory management - and reduces overall warehousing expense.

More Products

Clear Seas Research

Clear Seas ResearchWith access to over one million professionals and more than 60 industry-specific publications,Clear Seas Research offers relevant insights from those who know your industry best. Let us customize a market research solution that exceeds your marketing goals.

Use our interactive maps to locate service providers across North America.Interactive Map

Logistics Development Partners 

IWLA Members