When a shipment of sand was tainted by excess moisture, the contract between the two companies involved in the transaction required that any suit be filed within four months of the delivery. As the plaintiff corporation’s suit was filed over two years later, it was untimely.
In 2014, Vesuvius Corporation and American Commercial Lines, LLC (“ACBL”), entered into a shipping contract to transport olivine sand from New Orleans, Louisiana to Vesuvius’ facility in Wurtland, Kentucky, by way of a river barge. The shipment arrived in January 2015, at which time Vesuvius’ employees inspected the cargo and found it damaged by excess moisture. The employees notified ACBL, and ACBL arranged for a surveyor to perform an inspection that same day. The surveyor found no structural defect in the barge, and instead concluded that the sand was wet when it was loaded and that some of that moisture had evaporated during transit, condensed on the overhead portion of the cargo space, and dripped back onto the sand. The surveyor filed his report with ACBL on Feb. 23, and ACBL promptly contacted Vesuvius to disclaim liability. Continue reading