The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

THE president of a Florida-based audio/visual equipment rental service provider was yesterday warned to govern himself accordingly ahead of a potential lawsuit after legal documents revealed alleged discrepancies in his claims that Caribbean Muzik Festival’s CEO Michael Tomlinson was responsible for the event’s failure.

Barry Oliver Chase, senior partner of Chase Lawyers, the attorneys for Caribbean Muzik Festival (2000) Limited, provided The Tribune with documents.

The documents suggest that Blair Simmons, president of Off-The-Wall (OTW) Co Inc, was wrong when he told The Tribune that Mr Tomlinson’s “poor planning and failure to meet our mutually agreed arrangements” was the reason his company opted to withhold its services from CMF, consequently dooming the highly anticipated festival.

Mr Simmons previously alleged that Mr Tomlinson, for unknown reasons, opted to pay OTW the balance of money owed by cheque and not by bank wire as allegedly agreed between the two parties as late as October 28, the day the festival was scheduled to start in New Providence.

That decision by Mr Tomlinson, Mr Simmons contended, was the main reason “that we did not leave Miami to do this event”.

However, according to documents sent to OTW from Chase Lawyers, Mr Simmons’ own contract/proposal form signed by both him and Mr Tomlinson on October 2, explicitly stated that the balance of payment was to be paid via “company corporate cheque” on the day of the show “immediately after the sound check,” and not on October 22 as Mr Simmons previously alleged.

The total contractual amount owed to OTW was $30,440.

Mr Chase also demanded that OTW pay contractual damages to CMF totalling $30,440, as well as issue a written apology to CMF, taking “responsibility for your (alleged) breach and acknowledging that your apology will be shared with the press”.

And, should Mr Simmons fail to comply, Mr Chase said his firm would “advise and assist” CMF in filing a lawsuit against OTW and Mr Simmons personally, for not only contractual damages, but also for all its consequential and reputational damages caused and legal fees.

“Your unilateral cancellation of the contract has caused and is continuing to cause our client enormous consequential and reputational damage, all of which were foreseeable by you as a professional in the live-event industry. As you were and are well aware, your (alleged) breach of contract has, unsurprisingly, led to postponement of the event – a serious injury in itself,” Mr Chase wrote.

“Your (alleged) default has also caused our client to be unable to fulfil its own responsibilities to the Bahamas Ministry of Tourism, as well as to vendors, patrons, media representatives, and members of the public – many of whom travelled to the Bahamas specifically for the event.”

CMF officials said they found Mr Simmons’ assertions to be “laughable – indeed incredible”.

The four-day festival was postponed three weeks ago after two nights of activity. It was scheduled to take place from October 28 to 31.

According to officials, an early date in December is under discussion and a specific date will be announced, once arrangements with suppliers, vendors and artists have been concluded and co-ordinated.

CMF is produced and promoted by Caribbean Republic Inc. The festival was part of the government’s efforts to fill the Bahamian calendar with musical and sporting events that would promote culture, encourage commerce and put a spotlight on the country’s tourism products year round.

The Ministry of Tourism is the event’s biggest sponsor, having invested $650,000 in the festival.