Breach of contract suit in coal shipping dispute seeks $1 million in damages

By Danielle Pacey | Oct 2, 2018

NEW ORLEANS – American Commercial Barge Line recently filed a federal suit against Tricon Steamship Agency Inc. for breach of contract in the delivery of coal by barge from Kentucky to Louisiana.

The suit filed Sept. 21 against Gonzales-based Tricon in the U.S. District Court for the Eastern District of Louisiana seeks over $1 million in damages.

In the suit, American Commercial accuses Tricon of not paying freight on all the barges negotiated under maritime contract and extra charges for delay of delivery.

Tricon was contracted by American Commercial to deliver coal from Kentucky via barge to Louisiana in March 2018, the filing said. 

According to the complaint, American Commercial and Tricon had established a contract arrangement with a base freight rate and an additional charge for each barge, to be paid immediately upon receipt of the coal.

American Commercial believes that Tricon did not pay freight on approximately 20 barges under the contract and has failed to unload the coal in a timely manner in which the freight charges are continuing to accrue.

Additionally, American Commercial believes that Tricon did not pay cancellation fees for another barge contract on short term notice. The barges were available to use for delivery, however Tricon allegedly did not need them. The costs to prepare the barges were over $90,000 and American Barge believes Tricon had another breach of contract for not paying anything toward the cancellation.

The plaintiffs are asking for full damages for breach of contract, interest stated in the contracts, attorneys' fees and any other damages the court deems proper.

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