Conway Sued by Front Row - from Jayski.com

Front Row sues Conway and Extenze: Front Row Motorsports is suing its former driver Kevin Conway and his sponsor Biotab Nutraceuticals, which sells Extenze, over alleged non-payment of part of a $5.4 million sponsorship deal for Conway to drive a NASCAR Sprint Cup Series car in 2010. The lawsuit was filed Monday [Sept 13] in North Carolina Superior Court in Charlotte. A Front Row Motorsports spokesman declined to comment on the lawsuit, which asks for damages to cover the $2.754 million that will eventually be due under the terms of the contract, payment of $734,201 in sponsorship fees, hard card fees, race licenses and other expenses for services rendered and $135,000 advanced to Conway as part of his base compensation. "It's really unfortunate that they've made some pretty outrageous allegations against us and the good thing is we'll have our day in court, and the truth will all come to light in the months ahead," Conway said in a phone interview Tuesday. "Unfortunately, I can't really comment on the specifics."

According to the complaint and contracts attached as exhibits, Extenze was to pay Conway's marketing company Exclaim $5.4 million in 50 weekly installments of $108,000, and that money was then to be sent to the race team. The $5.4 million was designed to cover the first 15 races, and then Extenze would have the option of funding the remaining 21 events through revenues generated by a product placement contract. The team would get 15% for product placement at dollar stores, retail stores or wholesale auto parts stores.
Conway's base compensation, according to a contract that is an exhibit in the lawsuit, was $540,000 plus 10% of any other sponsorships brought in for the car. He also would get paid 15% of all purse money and season point fund money, with the percentage increasing to 30% for any top-20, 35% for a top-10 and 45% for a top-five. Front Row was obligated to put Conway in a car that was in the top 35 in owner points, and if he failed to make the field in two consecutive races or any three during the season, the contract could be terminated. The deal between Conway and Front Row went sour during the summer, according to the complaint, when Exclaim allegedly began paying only half of its $108,000 payments beginning June 21. Exclaim is also listed as a defendant in the lawsuit. Front Row notified Conway on Aug. 8 that he would not be back in the car beginning with the Aug. 15 race at Michigan if his sponsor could not pay its $108,000 weekly fee. Conway did not compete at Michigan but then ran the next three events for Robby Gordon Motorsports. He is scheduled to run seven of the final 10 events for RGM but will not be in the car this weekend because team owner Robby Gordon has sponsorship for the New Hampshire race. The lawsuit was filed by Charlotte attorney Ron Skufca, who represents the North Carolina-based Front Row Motorsports. Biotab is based in California.(SceneDaily)(9-15-2010)

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Permalink Reply by TOG on September 15, 2010 at 1:14pm
this is like the 5th post on this. Already in play in many places here.

Dont think for a minute that RG wasnt aware of the KC & FRM situation ever before KC stepped foot in the #7.
Permalink Reply by Keith on September 15, 2010 at 10:13pm
At least I looked before posting a new thread. If somebody hijacked an existing thread that I don't know.
Permalink Reply by TOG on September 15, 2010 at 10:52pm
Shit, I didnt even see the one you posted...lol....you had em all beat...
Permalink Reply by Mike Kenyon on September 16, 2010 at 12:02am
Um, Keith first,not so much. This was yesterday,but Keith might have missed it becouse it was on Garrett's positive Robby Gordon thread.

Reply by Mark Canchola 1 day ago
I just saw this on twitter. Don't know how true the story is. I am sure more details will come out later. Hopefully Robby already new about this and discussed it with Conway.
Permalink Reply by Brett Crawford on September 15, 2010 at 3:05pm
Wouldn't be cool at all. Just another hassle that RGM doesn't need.

If KC (or his company) owe FRM money, they should pay up. If not, FRM loses their case. This only hurts Kevin as it's his company that seems to be handling the transfer of money to FRM.
Permalink Reply by Ernie Stratton on September 15, 2010 at 4:10pm
Lets see we should remember that Kevin is the one who approached FRM at the end of the year last year.He signs a contract,then decides well after the original fifteen races not to honor it.Hmmm,for the life of me can't think why they let him go.Don't think another team would of did so much number swapping to keep him in the top 35.You know I have a house that I don't want to pay on anymore,think I'll hang here till they kick me out.Do see another one down the road I like much better,just cause I signed a contract for the first one they'll never come after me for what I owed them.The money coming to RGM would have me worried,the only ones who might be collecting anything are those doggone attorneys.
Permalink Reply by TOG on September 15, 2010 at 4:14pm
this is one of those 2 sided stories. I am sure Extenze & KC have justification for leaving the team.
Permalink Reply by Kevin on September 15, 2010 at 9:11pm
I agree with TOG. He said, she said, lets wait to read what the Judge said.
Permalink Reply by Dave-O on September 15, 2010 at 9:23pm
Just like NASCAR & Mayfield.
Permalink Reply by TOG on September 15, 2010 at 9:59pm
except all parties involved here are still racing....
Permalink Reply by Dave-O on September 15, 2010 at 11:28pm
for now, anyway.
Permalink Reply by 7fanZe on September 15, 2010 at 10:09pm
FRM wasn't putting the money to Conway's car. They were putting it towards the others and laughing about it. When ExtenZe found out, they wanted proof of where the money was going, because it was meant for KC's car. It will all come out, RGM is well aware of the details. Isn't it obvious they were not putting the money in Conway's car? Come on, FRM runs old COT's, low 30k a race engine packages, and limited new tires (not enough for a full race). Spreading the money out trying to keep 3 cars going when it was meant for 1 car. My 2 cents... everyone has an opinion, here is mine.

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