Customer holding payment due to another carrier missing FDA Stamp

thecanman

Member
Mar 24, 2023
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Vaughan
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Hello,

I’m looking for some guidance on whether it is legal for a shipper to withhold payment on previously completed shipments due to a separate, unresolved claim.

We moved several loads for a customer involving rejected freight that required FDA clearance and the appropriate stamps before returning to Canada. We hired a carrier to handle the transportation, but the carrier failed to stop at the FDA office as instructed.

Our customer has since applied for relief with the FDA. In the meantime, they are withholding approximately $30,000 in payments until we agree to certain conditions. We have explained that once the final amount of the fine or penalty is confirmed, we will either pay it if the amount is relatively small or pursue a claim through the carrier’s insurance if appropriate.

However, the customer is now refusing to release payment on our other outstanding invoices, including invoices for shipments completed before this incident. Most of these invoices are more than 40 days overdue, and the freight was delivered to major big-box retailers.

My questions are:

  1. Is the customer legally entitled to withhold payment on all our outstanding invoices because of this separate, unresolved claim?
  2. Can we demand immediate payment of the overdue invoices while the FDA matter and insurance claim are being investigated?
  3. If the customer continues withholding payment, would it be legally appropriate to contact the big-box retailers that received the freight to explore whether there is any way to recover the outstanding amounts directly from them, or could doing so expose us to legal risks?
  4. What would be the best course of action to recover our outstanding payments without compromising our position regarding the insurance claim?
Our company is based in Ontario, Canada. I would appreciate any guidance on our legal position and the most effective next steps.

Thanks
 
1- no
2- yes
3- Sorry to be a smart ass, I wish you luck. Perhaps You should at a minimum send the threat of contact to the customer...
4-There is no relation. Whether the claim if paid or not has no bearing on the monies owed...The claim if valid, should stand on its own merits.
 
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I would recommend contacting a good contract lawyer as soon as possible and start reviewing the contract you have with the customer and developing a strategy based on the specific terms and circumstances. You may have clauses relating to set-off, disputed claims, or payment obligations that could affect your position.

Unfortunately, this is a fairly complex legal matter, and although very resourceful, inside transport may not be the best place to obtain legal guidance. Without access to the contracts and the full details of the situation, just not possible to provide sound advice on your legal position or the best course of action, given the amount of money at stake.

If someone has any recommendations on a good transport lawyer or even paralegal in Ontario, please feel free to share.
 
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If that’s the case, you're in a good position. I recommend that you hire a lawyer and send a demand letter. It seems that the client isn't playing by the rules, and since we’re discussing this, I would say there’s not much of a relationship here. It will cost you a bit; but the first demand letter on professional letterhead will help get things rolling.
 
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Unfortunatley, there is no connection between what is “legal” and what people can and sometimes do. As you are currently experiencing, yes they can withhold any payments they choose, are they legally entitled to do so, probably not. As others have suggested, get in touch with either a para legal with transportation experience or a lawyer to pursue this matter on your behalf. You should also reach out to your insurer and advise them of the situation.