Shippers allege freight company breached contract

By Philip Gonzales | Aug 11, 2016

HOUSTON — Two shippers are suing a Houston freight forwarder, alleging failure to expedite the loading of their cargo in a timely fashion.

Agribusiness United DMCC and Agribusiness United North America Corp. filed a lawsuit July 28 in the Houston Division of the Southern District of Texas against Blue Water Shipping Co., Inc. alleging breach of contract and fraudulent misrepresentation.

According to the complaint, the plaintiffs suffered financial damages in the form of vessel demurrage, additional costs incurred for failure to timely inspect their cargo Dec. 5, 2012, in Savannah, Georgia, and extension penalties incurred at the second loading port of Myrtle Grove, Louisiana, in the sum of $636,234.61. The plaintiffs allege Blue Water Shipping did not arrange for a Federal Grain Inspection Service holds inspection, failed to obtain phytosanitary certification and failed to pay any amount of plaintiffs' losses.

The plaintiffs seek a trial by jury, compensatory damages, punitive damages, costs of this action, attorneys' fees and all other relief as the court deems just and proper. They are represented by attorneys Rahul Wanchoo of Wanchoo Law Offices LLP in New York, and by Richard A. Branca of Royston, Rayzor, Vickery & Williams LLP in Houston.

Houston Division of the Southern District of Texas Case number 4:16-cv-02249

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Blue Water Shipping Houston Division of the Southern District of Texas

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