'Carfax of Boating Industry' Seeks About $15M in Contract Dispute With Private Equity Company
Apax Partners terminated the contract between Boat Group and Boat History Report, according to court documents.
July 21, 2020 at 03:18 PM
3 minute read
There is a new twist in a multimillion-dollar contract dispute between a boating history report website, and a boating advertisement agency that was acquired by one of the largest private equity companies in the world.
The twist hinges on whether the advertising agency, Boats Group, committed fraud by failing to disclose to Boat History Report that it was in the process of being acquired by private equity company Apax Partners. Following that acquisition, Apax Partners terminated the contract between Boats Group and Boat History Report.
Now, after a brief lull in the case, an amended complaint seeking over $15 million in damages has been filed by Boat History Group in the Miami-Dade Circuit Court. This lawsuit is expected to place pressure on Apax Partners to move the parties' contract dispute to a resolution or to bring the case to trial.
Boat History Report has called itself the "Carfax of the boating industry." The watercraft history company has collected and provided information to watercraft buyers, such as the history of accidents and damages sustained.
Boats Group, which touted itself as "the world's largest recreational marine marketplace for boats and yachts," entered into a written contract with Boat History Report for a variety of services. Boat History Report had the exclusive right to perform the services under the contract, according to the court documents.
Boat History Report performed critical services for Boats Group, including keeping a library of documents required by various states for registering and titling a watercraft, and maintaining updates on changing state boating laws. In return, Boat History Report was to be paid significant dues each month and Boats Group, which has recently advertised that its sales and internet traffic has soared to significant highs, would provide an advertising campaign for Boating History Report.
However, the complaint alleged that Boats Group violated the contract, stating that it only paid a fraction of its dues and did not provide the advertising services that would have led to significant revenue for Boat History Report.
Gary Francis Baumann, a partner at Baumann, Gant & Keeley in Fort Lauderdale representing the defendants, did not respond to a request for comment.
|Read the amended complaint:
|Boat History Report alleged that the buyer of Boats Group, Apax Partners, was fully aware of the contract between the two companies. Despite that, after Apax Partners acquired Boats Group, it also acquired a competitor that provided a similar service to Boat History Report, known as YachtCloser. This acquisition allegedly violated the exclusivity provision in the contract with Boat History Report. Apax Partners then terminated the contract due to the conflict between Boat History Report and YachtCloser.
While A. Sheila Oretsky, a partner at Buchanan Ingersoll & Rooney in Miami, who is representing Boat History Report, declined to comment, Grant Brooks, the CEO of Boat History Report alleged that Boats Group committed fraud by inducing his company to work for it.
Brooks alleged, "They could obtain our solution while knowing they were going to stop working once they acquired YachtCloser."
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