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Attorney2020, Attorney
Category: Business Law
Satisfied Customers: 2579
Experience:  I am a practicing attorney. I have experience in business law, bankruptcy, real estate law and estates.
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My business is in massachusetts. i am a vehicle transport

Customer Question

my business is in massachusetts. i am a vehicle transport broker, that is I located independent truckers for people who need their cars shipped, like snowbirds, etc. i "had" a large corporate account that began shipping an average of 10 cars per week through us. These were high profit-rush orders, usually requiring immediate pickup terms. 4 weeks ago, we received 4 such orders from this corporate account, our largest customer, for immediate pickup. a national trucking company responded and was sent and accepted the written "dispatch" contract for these 4 shipments.
2 of the vehicles were never picked up at all. the company claimed that due to an ongoing merger and the changeover of the computer system on that same day, they "lost" the orders. we were never told this until a full week went by and the customer called asking why the cars were never picked up. the trucker eventually picked them up, 8 days afterward, however, the customer was furious due to the delivery requirements that weren't going to be met.
1 vehicle was picked up and when it came to the delivery schedule, i spoke with the trucker that friday and they indicated a delivery for saturday. customer needed to schedule staff to come in on that day. trucker was a no-show. later saturday trucker indicated a weather problem and would deliver on sunday instead. customer needed to schedule staff to come in and wait on a sunday. again a no-show. car was eventually delivered on monday.
the final vehicle was damaged in transit and an insurance claim was filed.
Due to these 4 events, our largest customer concluded we were using poor quality and undependable carriers and fired us.
trucking company has fully admitted responsibility for all these events and has not denied any of the facts, but is now sending us invoices in full for the deliveries and offering no compensation to us in any way.
can i sue them for lost profits due to their negligence? trucker is based in NJ.
Submitted: 2 years ago.
Category: Business Law
Expert:  Attorney2020 replied 2 years ago.
Yes, breach of contract and negligence for lost profits, and all damages elated to the contractual obligations. The trucking company cannot simply admit to a breach of contract and then request payment in full. The damages could be substantial based upon losing your largest customer. The terms iin the contract will govern the type of breach and damages will arise from such breaches. I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. Thank you .