IS IT TRUE? February 3, 2011
IS IT TRUE that in May 0f 2010 the City of Evansville took over the maintenance of Roberts Stadium from SMG?…that shortly after that Dave Rector, the general manager of the City of Evansville Building Authority took over these duties from SMG?…that Mr. Rector was on local television on February 2nd disparaging the performance of SMG when it comes to maintaining the condition of Roberts Stadium and making claims that under his management a substantial sum of money had been saved?
IS IT TRUE that Dave Rector was appointed to the Advisory Commission to decide who will manage the new Evansville Arena by Mayor Weinzapfel?…that it has been reported that this Advisory Commission was unanimous in their recommendation to remove SMG from consideration and to hire VenuWorks instead?…that it begs for investigation into the facts as to whether SMG was prevented from performing under the terms of their maintenance agreement by the City Of Evansville’s decision to take the maintenance over and to hand it to Mr. Rector?…that there is such a thing as the Prevention Doctrine that states the following?
“Prevention doctrine is a common-law principle of contract law which says that a contracting party has an implied duty not to do anything that prevents the other party from performing its obligation. A party who prevents performance of a contract may not complain of such nonperformance.”
The following are examples of case law defining prevention doctrine:
If a party to a contract is himself the cause of the failure of performance, either of an obligation due from him or of a condition upon which his liability depends, he cannot take advantage of the failure.[Meson v. GATX Tech. Servs. Corp., 507 F.3d 803, 806 (4th Cir. Md. 2007)]
The prevention doctrine is a generally recognized principle of contract law according to which if a promisor prevents or hinders fulfillment of a condition to his performance, the condition may be waived or excused. [Barnhill v. Veneman (In re Peanut Crop Ins. Litig.), 524 F.3d 458 (4th Cir. N.C. 2008)]
The prevention doctrine entails that, where one party to a contract takes an action that prevents the other party from being able to fulfill a condition precedent to that contract, the first party may not use its own action as a mechanism for avoiding performance of its contractual obligations. [General Datacomm Indus. v. Arcara (In re General Datacomm Indus.), 407 F.3d 616, 626 (3d Cir. Del. 2005)]
Prevention doctrine is also known as prevention of performance doctrine.â€
IS IT TRUE that if the City of Evansville in reality prevented SMG from performing under the terms of the contract that the basis for the Advisory Commission’s recommendation and the ultimate decision may come under legal scrutiny?
IS IT TRUE that the president of the Evansville Redevelopment Commission, Bob Goldman was quoted as apologizing to John Kish for the uprising of elected officials that caused the ERC to postpone the vote on the Arena manager until February 15th?…that Mr. Goldman is also quoted as saying that “he would not be postponing a decision by HIS COMMISSION again?…that Mr. Goldman must have caught the affliction from Mayor Weinzapfel that causes him to think that public agencies can be owned by appointed or elected officials?…that the Evansville Redevelopment Commission, the Office of the Mayor, and the City Council are not owned by any individual elected or appointed steward?…that all of these bodies of officials are OWNED BY THE PEOPLE OF EVANSVILLE?…it is about that elected officials and appointed boards start serving their real masters (the people of Evansville) as opposed by some puppet master that seems to dictate their decisions?
