• Advertise
  • Contact Us
  • Supplier Directory
  • SCB YouTube
  • About Us
  • Login
  • Subscribe
  • Logout
  • My Profile
  • LOGISTICS
    • Air Cargo
    • All Logistics
    • Facility Location Planning
    • Freight Forwarding/Customs Brokerage
    • Global Gateways
    • Global Logistics
    • Last Mile Delivery
    • Logistics Outsourcing
    • LTL/Truckload Services
    • Ocean Transportation
    • Parcel & Express
    • Rail & Intermodal
    • Reverse Logistics
    • Service Parts Management
    • Transportation & Distribution
  • TECHNOLOGY
    • All Technology
    • Artificial Intelligence
    • Cloud & On-Demand Systems
    • Data Management (Big Data/IoT/Blockchain)
    • ERP & Enterprise Systems
    • Forecasting & Demand Planning
    • Global Trade Management
    • Inventory Planning/ Optimization
    • Product Lifecycle Management
    • Robotics
    • Sales & Operations Planning
    • SC Finance & Revenue Management
    • SC Planning & Optimization
    • Supply Chain Visibility
    • Transportation Management
  • GENERAL SCM
    • Business Strategy Alignment
    • Customer Relationship Management
    • Education & Professional Development
    • Global Supply Chain Management
    • Global Trade & Economics
    • Green Energy
    • HR & Labor Management
    • Quality & Metrics
    • Regulation & Compliance
    • Sourcing/Procurement/SRM
    • SC Security & Risk Mgmt
    • Supply Chains in Crisis
    • Sustainability & Corporate Social Responsibility
  • WAREHOUSING
    • All Warehouse Services
    • Conveyors & Sortation
    • Lift Trucks & AGVs
    • Order Management & Fulfillment
    • Packaging
    • RFID, Barcode, Mobility & Voice
    • Warehouse Automation
    • Warehouse Management Systems
  • INDUSTRIES
    • Aerospace & Defense
    • Apparel
    • Automotive
    • Chemicals & Energy
    • Consumer Packaged Goods
    • E-Commerce/Omni-Channel
    • Food & Beverage
    • Healthcare
    • High-Tech/Electronics
    • Industrial Manufacturing
    • Pharmaceutical/Biotech
    • Retail
  • THINK TANK
  • WEBINARS
    • On-Demand Webinars
    • Upcoming Webinars
    • Webinar Library
  • PODCASTS
  • WHITEPAPERS
  • VIDEOS
Home » The Impact of Bad Contracting Practices in the Logistics Industry

The Impact of Bad Contracting Practices in the Logistics Industry

July 30, 2015
SupplyChainBrain

The overall tone and tenor of logistics contracts has changed dramatically, and not for the better, says Coughlin, president of global geographies and operations at Expeditors International. "It's a perfect storm," he says. "On the purchasing side, there is a total drive toward commoditization of pricing; at the same time, global shippers and consignees are requiring higher and higher levels of service; and procurement folks are starting to outsource more and more supply-chain risk on to service providers. So we are winding up with contracts that are lop-sided and onerous in their terms and conditions."

Driving this trend is the constant pressure from the customers of global shippers and consignees to lower costs. “This constant pressure, coupled with their own pricing constraints, are forcing them to take costs out of the supply chain, and they do that by lowering rates and shifting inherent risks,” Coughlin says.

The industry as a whole is not dealing well with this issue, he says. “We are sort of just on our heels, signing terrible agreements or trying to negotiate our way out of them.”

The transfer of risk is one of the most serious aspects of this trend, Coughlin says. “Think about an airline losing your luggage. If you say your Rolex watch was in your bag, they are not going to pay you the full cost of a Rolex. This is called limited liability and makes it possible for the airlines to offer fares people can afford. In logistics contracts, many customers are demanding full-value, all-risk insurance at no cost.” When service providers protest, customers tell them to build the cost into the rate, he says, “but when you have to go through a commodity-based purchasing program, it is impossible to build in the cost of free, all-risk cargo insurance.”

When something happens that triggers one of these onerous provisions, service providers are reluctant to honor them, Coughlin says. “As a result, what we now see are customers demanding that contracts include the right to offset any claim against what they owe the provider, in effect paying themselves their own claim. This is a very dangerous situation.”

Going forward, the industry as a whole needs to change the way contracts are perceived, says Coughlin. “Instead of the blood sport it has become, we need to move toward collaborative, results-oriented negotiations. Contracts need to be about creating value between partners rather than extracting value from one partner. They need to be based on outcomes and desired results and shared risks―and both parties need to share risk in a way that is proportional to the commercial benefit of the agreement. If we can get to a more collaborative environment, we will have healthier, more long-term contracts that breed innovation and create long-term value. That will improve the industry as a whole.”

To view the video in its entirety, click here

    RELATED CONTENT

    RELATED VIDEOS

    Logistics Logistics Outsourcing LTL/Truckload Services Transportation & Distribution Technology Inventory Planning/ Optimization Business Strategy Alignment Global Supply Chain Management Quality & Metrics Supply Chain Security & Risk Mgmt All Warehouse Services
    KEYWORDS 3PL All Warehouse Services Business Strategy Alignment Expeditors International Global Logistics Global Supply Chain Management Inventory Planning/ Optimization Logistics logistics & supply chain logistics management Logistics Management: Third Party Logistics Logistics Outsourcing logistics services LTL/Truckload Services Philip M. Coughlin Quality & Metrics SC Security & Risk Mgmt supply chain Supply Chain Management supply chain management SCM Supply Chain Risk Management supply chain services Technology Third Party Logistics Transportation & Distribution
    • Related Articles

      The Impact of Bad Contracting Practices in the Logistics Industry

      Evolution of Client Handling Technologies in the Logistics Industry

      Technology Trends in the Logistics Industry

    • Related Directories

      Tecsys, Inc.

      ProcureAbility

      GLS US

    SupplyChainBrain

    India, Japan Strengthen Ties as China Tensions Rise

    More from this author

    Subscribe to our Daily Newsletter!

    Timely, incisive articles delivered directly to your inbox.

    Featured Product

    Popular Stories

    • 005_veteran_winemaker_gallo_embarks_on_an_ai_journey_v2-(540p).jpg

      Watch: Veteran Winemaker Gallo Embarks on an AI Journey

      Artificial Intelligence
    • SCB_Q326_Made4Net_Top5_THUMB.jpg

      Five Costly WMS Selection Mistakes Warehouse Leaders Keep Making

      Logistics
    • 003_the_future_of_ai_in_transportation,_warehousing_and_logistics_v1-(540p).png

      Watch: The Future of AI in Transportation, Warehousing and Logistics

      Artificial Intelligence
    • Stacks of blue shipping containers in a shipyard

      Why 2026 is Testing Global Supply Chains Like Never Before

      Global Supply Chain Management
    • Flags for China and the European Union juxtaposed against each other

      EU and China Agree to Three Months of Trade Talks

      Global Supply Chain Management

    Digital Edition

    2026 esg cover main scb q2 2026 cover

    SupplyChainBrain 2026 ESG Guide: ESG — The Supply Chain’s Biggest Secret

    VIEW THE LATEST ISSUE

    Case Studies

    • Recycled Tagging Fasteners: Small Changes Make a Big Impact

    • A GRAPHIC SHOWING MULTIPLE FORMS OF SHIPPING, WITH A HUMAN STANDING AT THE CENTER, TOUCHING A SYMBOLIC MAP OF THE WORLD

      Enhancing High-Value Electronics Shipment Security with Tive's Real-Time Tracking

    • A GRAPHIC OF INTERLACING HONEYCOMBED ELEMENTS REPRESENTING GLOBAL BUSINESS TRANSACTIONS

      Moving Robots Site-to-Site

    • JLL Finds Perfect Warehouse Location, Leading to $15M Grant for Startup

    • Robots Speed Fulfillment to Help Apparel Company Scale for Growth

    Visit Our Sponsors

    4flow Arkieva Blue Yonder
    Carton Cloud CoEnterprise Dassault
    Duravant E2Open EPG
    General Logistics Systems GEP Hy-Tek
    iGPS Korber Lyngsoe
    Procurability Quinyx SAP
    Sikick Staples Systech
    S&P Global Mobility TADA Tive
    TransImpact US Bank Werner Enterprises
    WSI
    • More From SCB
      • Featured Content
      • Video Library
      • Think Tank Blog
      • SupplyChainBrain Podcast
      • Whitepapers
      • On-Demand Webinars
      • Upcoming Webinars
    • Digital Offerings
      • Digital Issue
      • Subscribe
      • Manage Email Preferences
      • Newsletters
    • Resources
      • Events Calendar
      • 2026 Event Coverage
      • SCB's Great Supply Chain Partners
      • Supplier Directory
      • Case Study Showcase
      • Supply Chain Innovation Awards
      • 100 Great Partners Form
    • SCB Corporate
      • Advertise on SCB.COM
      • About Us
      • Privacy Policy
      • Contact Us
      • Data Sharing Opt-Out

    All content copyright ©2026 Keller International Publishing Corp All rights reserved. No reproduction, transmission or display is permitted without the written permissions of Keller International Publishing Corp

    Design, CMS, Hosting & Web Development :: ePublishing