Agricultural Warehousing and Storage

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Kutak Rock has a large range of experience with warehouse disputes. Our attorneys have represented large Fortune 500 clients in warehouse disputes involving failure of the warehouse to handle frozen meat shipments appropriately. We have assisted in assessing warehousing issues involving genetically engineered crops and any responsibility of a public grain warehouse to accept such modified grain at its warehouse. Our firm also has represented moderate-size clients in claims involving failed warehouses. In addition, we have experience assisting clients to develop terms and conditions for warehousing business and negotiating favorable warehouse terms and conditions, particularly liability limitations, to minimize risk in conducting business with a public warehouse or private warehouse.

The United States Warehousing Act and the web of state law provisions regulating warehousing in the United States contains many pitfalls and recognized methods whereby both the warehouse operator and the persons storing goods in a warehouse can dramatically limit exposure and liability.

Kutak Rock has significant experience with the United States Warehouse Act, which was reenacted in its entirety in 2000, and with common warehouse terms and conditions that often dramatically limit claims and losses to a fraction of the actual losses sustained in a warehousing dispute. Although the United States Warehouse Act generally governs activities for those warehouses that are federally licensed, many states have significant laws and regulations regulating warehouses, which may or may not apply depending upon the extent of preemption by the federal Warehouse Act.