The Nova Home Loans Arizona Bowl is the target of a lawsuit filed by the state’s sports commission, which is alleging breach of contract in the amount of $100,000, among other issues.
Organizers of the bowl say that they’ll be making their own independent claims in a countersuit against the Arizona Sports and Entertainment Commission, which they say didn’t provide the quality of service that it claimed.
The lawsuit, filed Thursday in Pima County Superior Court, says that in April 2016, ASEC entered into a contract with the game in which ASEC agreed to “substantially run, operate, consult upon and manage” the Arizona Bowl and its ancillary events from 2016 through 2018. Bowl organizers were given until Jan.30, 2019 to either renew the agreement or pay a buyout of $100,000.
On Jan. 17, Arizona Bowl lawyers told ASEC that it would not be renewing the service agreement and would not pay the $100,000, the lawsuit says.
ASEC served the game with notice that it had breached the service agreement. An additional demand for payment went unanswered, according to the lawsuit.
“We are truly disappointed that the ASEC has consistently rebuffed multiple good faith attempts by the Arizona Bowl to amicably resolve our differences, including the Arizona Bowl’s offer to engage in an impartial mediation,” the Arizona Bowl said in a statement released to the Star. “As a result, the Arizona Bowl is now compelled to assert independent claims for nonperformance and multiple breaches of the duty of good faith and fair dealing against ASEC for amounts far exceeding those sought by the ASEC in Pima County Superior Court.”
The statement said that ASEC’s lawsuit could impact the Tucson community. As a nonprofit, all net proceeds from the Arizona Bowl are provided to numerous charities.
“The ASEC’s intractability will only serve to limit proceeds the Arizona Bowl can provide to organizations in need that make our communities a better place,” the statement said. “While the Arizona Bowl is still hopeful an expedient compromise can be reached, the Arizona Bowl will vigorously prosecute its claims against the ASEC for failing to honor their promises and extremely confident of prevailing in litigation.”
A representative of ASEC declined to comment further on the lawsuit.
ASEC works with multiple business, organizations and teams to bring sporting events to the state. ASEC assists with event preparation, creation of sports-related events and attractions, event management, facility and site selection, site inspections, volunteer recruitment and management and TV production, and other duties.
ASEC’s stated mission is to enrich Arizona communities through sports.
