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I hired a transport broker to transport my boat from OK to…

I hired a transport broker...
I hired a transport broker to transport my boat from OK to Canada. Have a contract for a price but no specific dates other than they had previously scheduled it for 15 June. The 15 June came and went and his excuse was that someone did not get back to him with a height measurement. The second scheduled pick up was for 22 June and the driver did not show up. They say they are looking for another carrier but my patience is wearing thin because my insurance, customs, accepting marina in Canada all have time limits which is costing me time, money etc.. What can be done with this transport broker? He has acknowledged in a text message to me that their obligation is to transport my boat according to the contract and recognizes that the delay is a problem. He further explains that he could not predict that the driver would not show up but is working on it. At this point, I would rather hire a company from Canada to go down to Oklahoma and pick up my boat. The cost would be twice as much as I contracted for. Is it possible to hire a different transporter on my own and sue this company for the difference? If so under what law? This transport broker is from Florida. thanx. Cherylynn
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Answered in 8 minutes by:
6/23/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,442
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Hello! My name is ***** ***** I am a licensed attorney, admitted to practice in state and federal court. I'll be here to help today! Do you mind if I take a moment to review your question? Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Under the Uniform Commercial Code, each party has an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.

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So, in your case, this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

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Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 11 months ago
thank you, ***** ***** do this and demand a date for transport. The problem is if the company cannot find a driver/carrier how will I get my boat transported safely at a cost I thought would transpire?

You could hire a new company and then demand from the other party reimbursement for the time/money they cost you by having to hire another individual.

Let me know if you have any other questions. Thanks!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,442
Experience: Licensed to practice before state and federal court
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Customer reply replied 11 months ago
Hi as of today this transport broker company still does not have a carrier to ship my boat. I cannot trust them any longer to do so and I have cancelled with them. They may give me back my deposit less a $75 admin charge and $49.75 credit card processing fee. They say that in their contract they do not guarantee specific pick up or delivery times; however, they did give me a 15 then 22 June pick up dates that failed due to their lack of coordination. Now I have additional shipping costs with another carrier and costs associated with their failure to pick up and ship in a timely manner. What should I do? Thanx. Cherylynn

Hello Cherylynn, I'm sorry to hear about that situation. I'd recommend sending them that breach of contract letter I had suggested previously, which will show them that you mean business. You may also want to consider paying an attorney $200-$300 to draft a letter for you, basically threatening litigation if they do not refund your money. To help get your goods moved, I'd recommend hiring another company to take care of business and sue the other party for the difference in what you had to pay and what you paid the original company.

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Customer reply replied 11 months ago
Hi Legal Eagle, thank you for your response but in their contract with me it states: "True Price Boat Transport does not guarantee a specific pick up or delivery date or time". Mind you, they had already scheduled the 15 June for me, so I trusted that my boat would be picked up then. Do I still have a legal recourse given that clause? thanx. cherylynn

Yes, generally, under contract law, each party has a reasonable time to perform and if they do not it is a breach of contract under the Uniform Commercial Code Section 2-309(1). Specifically, it says, "The time for shipment or delivery or any other action under a contract if not provided in this Article or agreed upon shall be a reasonable time." You can provide this to the other party as grounds for bringing a lawsuit against them.

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