I am an owner/operator (trucking), leased to a large company in PA. Thru this company, I booked and moved an over-dimensional load (February 2023 - June 2023) using the legal, normal and accepted routines in booking a load.
Because of the load being over-dimensional load ("super load" due to extreme dimensions), it is normal to expect changes and delays in receiving state permits, scheduling of pilot cars, utility trucks, weather, weekend and night/evening curfews, and law enforcement/trooper availability; the shipper/customer agreed to paying $900 per day to the truck for every day of delays occurring between load date and delivery, the only exception to this would be "failure" of my equipment (breakdown), etc. (events that I directly would be responsible for). Also included in that agreement would be detention/delay for all pilot cars involved in downtime days, and utility truck services.
The product was loaded on Monday, February 6, 2023; and delivered Friday, June 9, 2023. All bills for movement, pilot cars, etc were submitted for payment immediately upon delivery. There were approximately 106 days of non-movement/detention eligible for payment.
My company FINALLY paid me approximately $8,000 on Friday, December 22, 2023, for "line haul,. . . " and nothing on detention. My further inquiry into shortages of payment, I was informed by my company that the shipper/customer has decided NOT to pay any detention - saying that they "understood" that the load would have been delivered within 6 days of loading. . . " (that short time frame was NOT possible nor reasonable .. and would have NEVER been agreed upon by the drivers, or utility truck company.
Not only have I NOT been paid, the second truck on this project move has also NOT been paid; in addition, the utility truck company has also NOT been paid a dime for any services rendered (their bill is approximately $240,000). The utility company has since filed suit in federal court for non-payment of services rendered.
According to the settlement department of my company, all of our pilot cars have been paid, state troopers have been paid, permits and permitting company has been paid. The pilot cars were also on detention and unable to move because of lack of trooper availability, weather, delays in permitting, etc. and to my knowledge HAVE been paid in full.
I am looking for legal advice and representation on recovery of settlement in full for all of my services rendered on this load. I am unsure as to "who" is liable for payment -- my company first, then the shipper/customer if they have not paid, etc. My company is giving me the "run-around" and I am unsure as to whether the detention invoice has even been submitted to the shipper/customer; or whether my company has received full settlement, and is just sitting on our funds. I need help. Thank you.
