The US Federal Maritime Commission (FMC) has made a significant clarification regarding the statute of limitations for detention and demurrage claims. The regulator has stated that there is no three-year time limit for filing complaints concerning these charges, provided the fees were assessed on or after June 16, 2022. This interpretation means that many claims that might have previously been considered time-barred could now be pursued.
For freight forwarders and shippers, this development is crucial. It means that disputes over detention and demurrage charges incurred in the past two years can still be formally challenged, potentially leading to refunds or adjustments. This could impact cash flow and operational costs, as carriers may face a resurgence of older claims. Forwarders should review their records for any contested charges from the specified period and consider filing complaints if they believe the fees were unreasonable or improperly applied. The increased risk of claims might also prompt carriers to re-evaluate their detention and demurrage billing practices and dispute resolution processes.
