Contract issue

[defcoach]

I am an athletic director and football coach, and apparently I am having a contract dispute with an  officiating crew, and I am wanting advice from the officials point of view. 

I have a signed contract from this crew to cover 1 sr high game and 3 jr high games this season.  The contract states the amount to be paid, and no travel expenses.  The crew has signed and returned the contract.  Last spring, the crew called and tried to void the contract, and asked to be paid $40 travel expenses. I told them I would speak with administration about the matter, but felt our compensation was fair.

Fast forward, to yesterday, (two and 1/2 weeks before the scheduled contest) and I get an email stating that they expect the $40, and will void the contract if we don't pay it.  I call and try to explain, that if this was an issue it should have been addressed when contracts were made, etc.  He tells me since we aren't going to negotiate, then the contract will be void, and for me to take it up with the state official association.

The contract also states, if either party fails to fulfill their obligations they will pay the other party $400.

What am I to do??

-I don't really want to hold them to the contract, and them show up already upset over the $40.
- I expect that trying to find quality officials this close to playing time will be difficult.
-  I don't really want to get the official association involved. 
- This is a quality crew, that is well respected.

Thanks for any responses.

[TampaSteve]

Seems to me that the State approves local Associations and you are a member school of the State.  Therefore you could ask the state to intervene.

[LAZebra]

I would probably pay the $40.00 and then never hire them again.  They really are at fault for not stipulating the travel in the original contract.  You could allow them to void the contract and try to collect the $400.00 but that doesn't really help you get the game officiated and you may even have to take legal measures to collect.  It just seems that the least costly, lowest risk, would be to pay the $40.00 and chalk it up to lesson learned.

[mbyron]

I would probably pay the $40.00 and then never hire them again.  They really are at fault for not stipulating the travel in the original contract.  You could allow them to void the contract and try to collect the $400.00 but that doesn't really help you get the game officiated and you may even have to take legal measures to collect.  It just seems that the least costly, lowest risk, would be to pay the $40.00 and chalk it up to lesson learned.

+1

In addition I would report the episode to the state and let them follow up.

[Grant - AR]

Defcoach,

Thanks for the posting this here.  In my opinion, the officials should stand by their contract and just let you know that next year they will expect more money for travel, etc.  When I was still working junior high and high school, we had to do that a few times because of the price of gas, etc.  But, we always honored our current, signed contracts.

If you don't mind, let us know what state you live in and possibly an area of the state.  There's a chance there is someone on here who might be able to help you out with these dates.  If that happens, you could let the crew void the contract and use another crew. 

Unfortunately, if you aren't able to find another crew this late (which is unlikely if you are seeing an shortage of officials like other areas), you may be forced to pay the extra $40.  That's not good, but it might be your only option at this point.  And, as mbyron stated, notifying the state would be a very good idea.

Thanks,
Grant

[BryanM67]

I agree with Grant.  The ref crew is at fault for signing something and then wanting to get out of it.  If they wanted the $40 travel, they should have negotiated that before they signed the contract.  There really should be no surprise on the part of the officials - they knew what they had.

[Tom.OH]

I also think the crew is wrong, the travel fee should have been an up front in the contract.
In Ohio if the crew does not honor the contract and the school advises the OHSAA , the state will fine each official $100.00 and may not allow them to work post season games.
Note: if the school cancels the game the state will not do anything to help the officials getting paid even though the contract spells this out,oh well...

[defcoach]

Thanks guys. I spoke with them again, and it seems that there was a miscommunication between the official that would work the game, and the head of his association (not the state association).  The head of the association signed and returned and the refs wanted travel.

They called now wanting to know if we wanted them or not, told them I had mixed feelings about having them come officiate games they didn't want to be at.  Told them I would leave it up to the new head coach, (I am now AD and assistant football coach), and we would either hire another crew from their association or part ways and take our chances finding another crew.

[HLinNC]

While contracts in NC are signed with an area booking agent, that booking agent is now selected and approved by the state.  Our high school fees are set by the state so there is no argument.  There is no individual crew contracting.

[bama_stripes]

Yes, the crew is wrong for trying to unilaterally amend the contact.  However, this is an issue that really should have been settled last Spring, rather than waiting until the season is about to start.

I do realize that there's been a coaching and administrative change at your school that may have contributed to the confusion.

As LAZebra said, pay the $40 & chalk it up to experience.  You may have to raise the price of peanuts by a nickel to cover it.     

[tow]

Thanks guys. I spoke with them again, and it seems that there was a miscommunication between the official that would work the game, and the head of his association (not the state association).  The head of the association signed and returned and the refs wanted travel.

They called now wanting to know if we wanted them or not, told them I had mixed feelings about having them come officiate games they didn't want to be at.  Told them I would leave it up to the new head coach, (I am now AD and assistant football coach), and we would either hire another crew from their association or part ways and take our chances finding another crew.

If the head of the association signed the contracts and crew not happy with travel pay,why not have him,head of association,pay the $40.

[clearwall]

All-in-all bad form by the crew. If it had been me, I would have ASKED the coach or AD if they would be willing to pay for mileage outside of the contract and if not, then just go with it. You've signed an agreement and should honor it. To threaten the school like that...just breads miscontentment that is not necessary.