Supplier Not Owed Demurrage Because It Refused to Pay for Other Charges, ALJ Says
TPG Pressure, a U.S. supplier of construction equipment and services that accused U.S.-based Omni Logistics in 2022 of charging unsubstantiated and unlawful demurrage fees (see 2212020027), isn't entitled to compensation, an administrative law judge ruled last week.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Although TPG originally asked the Federal Maritime Commission to order reparations of more than $1.2 million, it later reduced the figure to less than half that amount, and it ultimately “established improper charges” of only $107,384, the judge said. “The improper charges are less than the amount TPG refused to pay” for non-disputed charges, so “no reparations are ordered.”
Omni urged the FMC in January 2023 to dismiss the complaint, saying TPG failed to show how Omni violated shipping regulations (see 2301260013). TPG and Omni didn't respond to requests for comment on the decision.