Nick Faldo sues RMR for alleged breach of contract
Professional golfer Nick Faldo (centre) joined Revelstoke Mountain Resort Vice President Rod Kessler (right) at a press event at the resort on Aug. 13, 2008 to announce Faldo’s involvement in designing a golf course at RMR.
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Updated: June 30, 2009 9:18 AM
Golf course design firm Nick Faldo Design, which is headed by world-renowned golfer Nick Faldo, is taking Revelstoke Mountain Resort to court of allegations of a breach of contract.
In a June 19th B.C. Supreme Court filing made by Nick Faldo Design (Overseas) Limited, the firm states that it entered into an agreement with Revelstoke Mountain Resort last May. The agreement would have seen Faldo’s firm design an 18-hole golf course at the resort, with Revelstoke Mountain Resort paying the firm $1.2 million USD in instalments.
According to the filing, the resort paid the initial instalment of $120,000 USD, but Nick Faldo Design alleges that Revelstoke Mountain Resort failed to make the second payment of $120,000 USD, despite “repeated demands” by the design firm.
Ashley Tait of Revelstoke Mountain Resort explained that her organization was surprised by the lawsuit.
“We are committed to ... developing a world-class golf course here at Revelstoke Mountain Resort, and our most recent discussions with Mr. Faldo ... have been positive, so we’re actually surprised at the steps that have been taken at this point right now,” said Tait.
“The timeline related to the course construction has been shifted one to two years, and so the timeline of the services that we’re going to need from Mr. Faldo are going to be reflective of that altered schedule,” explained Tait, who continued: “And at this point we’re hoping that we can move forward in a positive, satisfactory matter for both parties in the days ahead.”
When asked about allegations of late payments, Tait said she could not answer the question, saying: “This is now a matter of a legal situation, so the information I just gave you is all I can share at this time.”
Tait continued: “Though certainly from our perspective we’re looking to resolve the matters in a positive manner for both [parties] ... Having a Nick Faldo course is something that we would certainly like to see here in Revelstoke and we feel it would be a complement to the overall resort experience we’re offering.”
When asked if the resort had filed a statement of defence, Tait said she could not answer, noting: “Certainly, the news that we received today in the media is the first that we heard about the situation. It’s certainly something that we’re looking to be moving forward in the positive direction.”
Vancouver-based lawyer Peter L. Rubin, who is representing Nick Faldo Design in the suit, said he could not comment on the lawsuit. Yet in an article by Keith Fraser of the Canwest News Service last week Rubin said: “Faldo Design have been very generous in trying to resolve matter, giving Revelstoke Mountain Resort more than six months to pay ... They obviously have not. Our client finds it very frustrating.”
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