A marine transport company is accused of refusing to pay for barge repairs pursuant to a charter agreement.
Ceres Consulting LLC filed the complaint June 11 in the U.S. District Court for the Southern District of Illinois against Robin International Transport Inc, alleging breach of contract.
According to the complaint, Ceres chartered two barges, BIG 588 and TAF 908B, beginning on Oct. 27, 2011 to Robin on a bareboat basis. An independent marine surveyor was hired to perform an on-charter survey when the charter began. The survey included an inspection of each barge to determine if any repairs were needed before delivering the barges to Robin.
Following the survey, Robin accepted the barges and proceeded to use them until the charter concluded, the suit states. At the conclusion, Robin was responsible for any necessary repairs to return the barges to their previous condition.
Surveys were performed on Oct. 28, 2017 and Nov. 1, 2017, during which the surveyor determined the comings on barge TAF 908B were damaged. The repairs were completed at the ACL Harahan Fleet in Louisiana on Nov. 15, 2017. The costs associated with the repair allegedly totaled $26,945.
“All of these charges are the responsibility of Robin under the charter, but were paid by Ceres,” the suit states.
Ceres allegedly sent the charges to Robin on Jan. 26, 2018.
“Despite repeated demand, Robin has failed to pay any of the outstanding charges, which are its obligation to pay under the charter,” the suit states.
Ceres alleges Robin knew that the plaintiff would rely upon its promises to pay for repairs in accordance to the charter.
The plaintiff seeks a judgment against the defendant for the repair costs, plus pre- and post-judgment interest, court costs, attorneys’ fees, and all other relief deemed just.
Ceres is represented by Bobby Miller Jr. of Miller Hahn PLLC in Paducah, Ky.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-558