Guides
Moving company contract clauses and the disputes they prevent
A clause by clause review for moving company owners: estimate type, access, customer-packed goods, valuation, records, and interstate differences.
What to take away
- Every clause in a moving contract exists because of a dispute that happened without it. Write each one with that dispute in mind and the language takes care of itself.
- The four clauses that settle most arguments are the estimate type, the access schedule, the customer-packed goods clause, and the valuation selection.
- A contract cannot override what the regulator requires. For interstate moves FMCSA sets what the customer must receive; for intrastate moves the state regulator does. Confirm before you draft.
- The contract is read by the crew as well as the customer. If the crew lead cannot explain a clause at the door, it will not be enforced there.
Clause by clause
Each clause below is paired with the argument it prevents. The pairing is the point: a term with no dispute behind it is padding.
Clause vs. Dispute It Prevents
Clause
- Estimate type and basis
- "You said it would cost X"
- Survey and inventory
- Unmentioned garage becomes mover's problem
- Access schedule
- Fourth-floor walk-up found at delivery
- Change orders
- Invoice line never agreed to
- Customer-packed goods
- Box of books failed on the ramp
- Valuation selection
- Claim judged against coverage never chosen
Dispute It Stops
- Estimate type and basis
- Survey and inventory
- Access schedule
- Change orders
- Customer-packed goods
- Valuation selection
1. Estimate type and basis. States whether the figure is binding, non-binding, or not-to-exceed, and the basis (crew-hours, weight and distance) it was computed on. Prevents: "you said it would cost X."
2. Survey and inventory. Refers to the survey date, the method, and the inventory attached. States that the figure applies to the goods and access recorded there. Prevents: the garage that was not mentioned becoming the mover's problem.
3. Access schedule. Lists the access conditions the price assumed at each address (floor, elevator, stairs, parking distance, truck access) and the unit charges that apply if conditions on the day differ. Prevents: the fourth-floor walk-up discovered at delivery.
4. Change orders. Any work beyond the survey is authorized in writing before it starts, by a named person, at the rates in the access and services schedule. Prevents: the invoice line the customer never agreed to.
5. Customer-packed goods. States who packed each carton, that the crew may refuse to load a carton it judges unsafe, and how claims on customer-packed contents are treated under the valuation selected. Prevents: the box of books that failed on the ramp.
6. Valuation selection. Records the protection option the customer chose, its cost, and a plain statement of the alternatives that were offered. For interstate moves the options and disclosures are set by the Federal Motor Carrier Safety Administration; its Protect Your Move materials describe the loss-and-damage information a customer is entitled to, and the clause should follow them rather than paraphrase them. Prevents: the claim that is measured against a coverage the customer never knew they declined.
7. Delivery window and delay. The date or window, what happens if the customer is not ready, and what happens if the mover is late. Storage-in-transit terms if delivery cannot be made. Prevents: the truck that waits four hours at a closing that slipped.
8. Items not carried. Hazardous materials, perishables, cash, documents, and anything the company declines to transport. Prevents: the argument about the propane tank.
9. Payment. Deposit, balance timing, accepted methods, and what happens at delivery if payment is not made. For interstate moves confirm what FMCSA permits before drafting this clause. Prevents: the standoff on the sidewalk.
10. Claims process. How to file, the timeline for acknowledgment and resolution, and what documentation is needed. Prevents: the claim that arrives by review instead of by form.
11. Cancellation and rescheduling. Notice periods and what the deposit does in each case, with peak-season and end-of-month dates treated explicitly. Prevents: the crew paid for a day with no job.
12. Governing rules. Which regulator's rules apply to this move and where the customer can read them. Prevents nothing by itself, but it tells the customer the contract is not the last word, which builds the trust the rest of the document needs.
The four that carry the load
| Clause | The dispute it stops | Who must be able to explain it at the door |
|---|---|---|
| Estimate type and basis | "You said it would cost X" | Crew lead |
| Access schedule | The walk-up nobody mentioned | Crew lead and dispatcher |
| Customer-packed goods | The carton that failed on the ramp | Crew lead |
| Valuation selection | The claim judged against a coverage the customer never chose | Office |
If the contract has only these four written well, it prevents most of the arguments a mover will ever have. The other eight tidy the edges.
Four Clauses That Carry the Load
- Estimate type and basis - crew lead explains
- Access schedule - crew lead and dispatcher explain
- Customer-packed goods - crew lead explains
- Valuation selection - office explains
Where the contract meets the sale
The contract ends a sequence starting on the phone, and answers from the discovery call fill clauses two and three; its estimate type becomes clause one.
For account work, the proposal template sets the fee schedule that clauses three and four price from. In the end, the sales and proposal guide lists the whole sequence and step owners.
Three terms that do not belong
A promise the regulator forbids. A clause that waives a right the customer has under FMCSA or state rules is not a clause; it is evidence. Check each clause against the governing rules before it goes in.
Three Terms to Cut
- Promise the regulator forbids - evidence, not a clause
- Claim you cannot support - FTC requires substantiation
- Term the crew cannot explain - exists on paper only
A claim you cannot support. "Fully insured" and "no hidden charges" are advertising claims when they appear in a contract as much as on a website. The Federal Trade Commission's advertising FAQs for small businesses say claims must be truthful and substantiated, and the customer's lawyer will read the contract the same way.
A term the crew cannot explain. The crew lead will be asked at the door what "accessorial" means. If the answer is not on the sheet in plain words, the clause exists on paper only. Contract literacy for crew leads is part of the hiring and training guide.
What the file holds
File the signed contract, survey, estimate, change orders, and bill of lading under the job number. Then file the invoice. The IRS says in what kind of records should I keep that the system is the business's choice if it clearly shows income and supports the transactions.
What the Job File Holds
- Signed contract
- Survey
- Estimate
- Change orders
- Bill of lading
- Invoice
For a mover, a job file that lets you reconstruct why the invoice differs from the estimate is that system, and it is also the claims defense.
Interstate is a different contract
Crossing a state line changes the document: estimate rules, order for service, bill of lading, valuation disclosures, and customer rights are federal for interstate household-goods moves. A local contract adapted by hand will miss something.
Before the first interstate job, read what FMCSA requires and rebuild the contract around it. The expansion and market guide treats that rebuild as one of the real costs of the second market.
Common questions
Can the contract make the customer responsible for everything they packed?
Only to the extent the governing rules allow. State the treatment of customer-packed goods within what the regulator permits, and make sure the customer read it before they packed.
Should the contract be signed before or after the survey?
After. Clauses one, two, three, and six cannot be completed without the survey.
What if the customer will not sign clause six?
Then no valuation option has been chosen, and for interstate work that is a problem the regulator's rules address. Do not load until the selection is recorded.
Is a text-message confirmation a contract?
Ask a lawyer in your state. Whatever the answer, a text does not carry the twelve clauses, and the disputes those clauses prevent will arrive anyway.
