ASU true to word, files against Miami

Arkansas State University filed a “breach of contract” lawsuit against the University of Miami on Friday afternoon, following up on its ultimatum that it would sue Miami if the school did not promptly reschedule its canceled football game against ASU from the 2017 season or pay the $650,000 buyout by Thursday.

ASU is now suing Miami for that $650,000 plus “pre-judgment and post-judgment interest as allowed by law,” according to the complaint document — which ASU filed in Craighead County court and shared with the Arkansas Democrat-Gazette.

“It is unfortunate that we have reached this point, but Miami’s actions left us with no choice,” ASU General Counsel Brad Phelps said in a statement. “We look forward to proceeding to trial.”

Miami said it had no additional comment and referred to Miami Athletic Director Blake James’ written statement from Monday, when James said, “I am aware of Arkansas State’s position on this matter. We believe strongly in our standing and will not comment further as both parties’ attorneys bring this to resolution.”

The lawsuit involves Miami’s cancellation of the Hurricanes football team’s

Sept. 9, 2017, game in Jonesboro because of Hurricane Irma. That game was supposed to complete the two-game series between the programs, which the ASU and Miami athletic departments had arranged in a contract in May 2013.

The first game was played at Miami during the 2014 season.

The contract stated that if one team did not appear for one of the games, the other would receive a damages payment of $650,000 by Feb. 15, 2018.

Miami’s legal counsel sent ASU a letter Feb. 9, which said the cancellation falls under the “Force Majeure” clause of the game contract, which states that the contract is void “in the event that it becomes impossible to play such game(s) by reason of an unforeseen catastrophe or disaster.”

ASU’s legal counsel replied with a letter last Monday, which stated Miami indicated during a telephone conversation that it “has no intention of paying” and that ASU “is left with no choice other than to seek damages.”

ASU’s lawsuit states that the canceled game “was not impossible” to play, since the game “was to take place in Jonesboro,” “not the Miami, Florida area.” ASU Athletic Director Terry Mohajir “also offered to pay $86,000-$88,000 for the entire Miami team and staff to fly from Miami to Memphis on an air charter service to ensure that Miami could travel safely to Jonesboro.”

It also stated that of the eight college football games that included Football Bowl Subdivision schools Sept. 9 and included schools in areas affected by Hurricane Irma, the Florida-Northern Colorado game was the only other game to be completely canceled.

The University of Florida confirmed Wednesday that it had paid Northern Colorado the buyout included in their contract.