If I had a problem with the broker not paying and could not collect, I would go after the shipper. When all is said and done, regardless of what is in the contract, the shipper is ultimately responsible for paying the carrier. In any case, the shipper should be made aware of the broker not paying the carrier for services rendered. If it comes down to going to court, it is probably a good idea to name the shipper in the suit along with the broker. People don't like to be sued. If you want to get rid of some of these problem brokers who close and set up shop under another name, this could be a good start. If a shipper gets sued for not paying a carrier and then sets up shop under another name, I guarantee you that the shipper won't do business with him again.