Bad Broker--Cant believe it happened

If they cant get it off my trailer and are not going to pay me for it to sit on it, how am i suppose to pay the driver?? Ill find a place to unload the thing and move on. I haul it, I dont store it for you till your ready, unless your paying

 

Thats a good point allow me, I guess I never looked at it that way.

 

I think it is all about reasonable expectations. It is reasonable to make an off road job site delivery in decent weather. It is reasonable to be delayed a day because of weather. If it goes beyond that, they need to come up with an alternative plan for delivery, or pay detention. Not "broker" detention pay, but a reasonable amount to offset the revenue you would expect to make with that truck. If the broker is not backing you up, go straight to the customer and get it worked out. If they aren't being responsive you may have to get a little ignorant and demanding. At some point, they have to be responsible for a reasonable alternative or paying you to bring the pipe back. I am fairly certain this is not the first time a pipe manufacturer has had a problem with a jobsite delivery. My opinion is the broker is a chickens--t and doesn't want to ruffle any feathers.

In regards to allowme's question...

I would suggest you all read your contracts with brokers closely. Watch for phrases like consequential damages. Or indemnity clauses that include claims for delay. You may be on the hook for them repowering the load, or lose out on the revenue of the load if you are unable to get it to the destination on time. Consequential damages could be really hairy. The broker could sign an agreement taking responsibility for back charges for cranes, crews, etc. You sign their contract taking responsibility for consequential damages. You just agreed to those same back charges. Most truckers just sign the things without reading carefully and considering the consequences.

 

The breakdown is always on the owner.

Because a construction crew can't get to work to open the road to the site is on them. Get the truck to a point as close to the job site as possible. Call the receiver. If they can't get there ask them what to do with the load. get them to either accept or refuse orto sign for the load and you'll take it for a price to somewhere they can get it themselves when spring thaw happens as they haven't got a clue as how a shovel or dozer works to clear a little snow.

I have seen loads sold for the fair market value or shippers cost due to inability of the receiver to accept the load or failure to pay for the product. The cost is sent to the shipper minus the rate. It's been done and still is done it just takes a little work.

To the OP. Maybe now that winter is here and the prediction is for a rough one at that, as snow and ice is predicted as heavier than usual, a check of forecasts is necessary before committing to loads. Last year was a fun one for the southern tier
and looks like it'll be fun for the northern ones this year as usual.

 

I agree with Rollover...you always have to be vigilant about the weather, especially when going to jobsites. We usually get caught a little off guard the first time each year. On Monday we had a driver that was delivering windows to a big home halfway up a mountain in Vermont. They had sleet. They had to unload the windows into their straight truck.

The worst thing we run into is hurricanes when we are delivering machinery to ports. They can really sneak up on you if you are not paying attention. Port could be closed for a couple days. The snowstorms in Baltimore last year really screwed things up too. I think they got 2 feet one weekend and another 2 feet 3-4 days later...they had nowhere to go with the snow. I had a driver that speant 3 days waiting to deliver. Maryland had declared a state of emergency. Gov't employees were told to stay home...PORT CLOSED. We were paid detention after 1 day. Luckily they opened up on Thurs or Friday and we somehow got him back to IA for the weekend.

 

What it comes down to, is the receivers are too cheap to pay for the necessary equipment, bulldozer, all-terrain forklift, or whatever it takes to unload. You are now a free storage facility.
I'm sure they need the load. I would take pictures of the site, conditions, etc.
You may have to end up taking the load back to the shipper, and sue them for payment. Document everything, that you gave them a reasonable amount of time to come up with a "plan B" to get the load off.
File a civil lawsuit against them, and possibly the broker. It only takes 51% of burden of proof, to win in civil court. Don't let the buttholes jerk you around.

It's always the poor trucker who always gets it in the wazoo.

They knew the load was coming, and the weather was getting bad. Like I said, they are too cheap to do what is necessary to unload their product.

 

How can a good construction company in IDAHO not be aware of snowstorms. Not be prepared to plow some snow?? Is this construction co. going to do the same thing all winter long? They order something and then it snows.. oh well, we aren't prepared for the snow yet we are a construction co. You'll have to sit for 3 days because we don't want to pay anyone to plow. At least they plow the interstate !

 

Most brokers use a template contract that has a force majeure clause which indemnifies them from events beyond their control. Does your contract say anything about acts of god?

http://www.library.yale.edu/~llicense/forcegen.shtml

 

I don't think a normal snow event would be considered act of god. Usually would refer to floods, fires, hurricanes, etc. One would expect snow in the mountains from OCT-APR.