Ullrich in breach of contract?

Discussion in 'Road Cycling' started by Jason Spaceman, Nov 2, 2003.

Thread Status:
Not open for further replies.
  1. From the article:
    -----------------------------------
    Jacques Hanegraaf, manager of Team Bianchi, has confirmed that he and his sponsor are pursuing legal
    action against Jan Ullrich, over his recent transfer to T-Mobile ? and hinted that he is even
    hopeful of Ullrich returning to his Italian-sponsored team.

    "Jan Ullrich is in breach of his contract and that is why we have suspended payments," Hanegraaf
    told procycling this afternoon (Thursday). While Hanegraaf refused to specify the exact date on
    which Ullrich?s salary was stopped he confirmed that it referred to the post-Tour de France period.
    -----------------------------------

    The rest at http://www.procycling.com/news_main.asp?newsId=4759

    J. Spaceman
     
    Tags:


  2. B. Lafferty

    B. Lafferty Guest

    It's very doubtful that Ullrich is in breach of his Bianchi contract. It was a one year contract and
    he had contracted to return to T----Mobile after the Bianchi contract expires. To my knowledge he
    hasn't appeared in T---Mobile kit which would be a breach of his Bianchi contract. Assuming he
    has/is performing otherwise within the requirements of the Bianchi contract, he isn't in breach.
    IMO, Bianchi seems to be spitting sour grapes into the air.

    "Jason Spaceman" <[email protected]> wrote in message
    news:[email protected]...
    > From the article:
    > -----------------------------------
    > Jacques Hanegraaf, manager of Team Bianchi, has confirmed that he and his sponsor are pursuing
    > legal action against Jan Ullrich, over his recent transfer to T-Mobile ? and hinted that he is
    > even hopeful of Ullrich returning to his Italian-sponsored team.
    >
    > "Jan Ullrich is in breach of his contract and that is why we have
    suspended
    > payments," Hanegraaf told procycling this afternoon (Thursday). While Hanegraaf refused to specify
    > the exact date on which Ullrich?s salary was stopped he confirmed that it referred to the
    > post-Tour de France period.
    > -----------------------------------
    >
    > The rest at http://www.procycling.com/news_main.asp?newsId=4759
    >
    >
    >
    > J. Spaceman
     
  3. Fred Marx

    Fred Marx Guest

    B. Lafferty wrote:
    > It's very doubtful that Ullrich is in breach of his Bianchi contract. It was a one year contract
    > and he had contracted to return to T----Mobile after the Bianchi contract expires. To my knowledge
    > he hasn't appeared in T---Mobile kit which would be a breach of his Bianchi contract. Assuming he
    > has/is performing otherwise within the requirements of the Bianchi contract, he isn't in breach.
    > IMO, Bianchi seems to be spitting sour grapes into the air.
    >
    Although I believe I've read that he's raced in Khazakstan with vino and was I believe "presented"
    to the community by T-Mob prior to the end of his Bianchi contract which is supposed to run till the
    end of Dec.... or so I've read from articles at velones.com and cyclingnews.com.... So while some of
    this is sourgrapes, some of it is also not exactly according to Hoyle either.
     
  4. B. Lafferty

    B. Lafferty Guest

    "Fred Marx" <[email protected]> wrote in message
    news:[email protected]...
    >
    >
    > B. Lafferty wrote:
    > > It's very doubtful that Ullrich is in breach of his Bianchi contract.
    It
    > > was a one year contract and he had contracted to return to T----Mobile
    after
    > > the Bianchi contract expires. To my knowledge he hasn't appeared in T---Mobile kit which would
    > > be a breach of his Bianchi contract.
    Assuming he
    > > has/is performing otherwise within the requirements of the Bianchi
    contract,
    > > he isn't in breach. IMO, Bianchi seems to be spitting sour grapes into
    the
    > > air.
    > >
    > Although I believe I've read that he's raced in Khazakstan with vino and was I believe "presented"
    > to the community by T-Mob prior to the end of his Bianchi contract which is supposed to run till
    > the end of Dec.... or so I've read from articles at velones.com and cyclingnews.com.... So while
    > some of this is sourgrapes, some of it is also not exactly according to Hoyle either.
    >

    From what I've read, he has not appeared in anything but Bianchi team kit for races or publicity.
    Apparently, it's a faily standard contract clause. It's not as though he's the first guy with a one
    year contract to move to a different team. And why hasn't he been paid since August??
     
  5. "B. Lafferty" <[email protected]> wrote:

    > It's very doubtful that Ullrich is in breach of his Bianchi contract. It was a one year contract
    > and he had contracted to return to T----Mobile after the Bianchi contract expires. To my knowledge
    > he hasn't appeared in T---Mobile kit which would be a breach of his Bianchi contract. Assuming he
    > has/is performing otherwise within the requirements of the Bianchi contract, he isn't in breach.
    > IMO, Bianchi seems to be spitting sour grapes into the air.

    Ullrich at the T-Mobile press conference:

    http://tinyurl.com/td5h

    Ullrich in Kazachstan (mid october):

    http://tinyurl.com/td5n

    Bye, Torben
     
  6. B. Lafferty

    B. Lafferty Guest

    "Torben Rucker" <[email protected]> wrote in message
    news:[email protected]...
    >
    > "B. Lafferty" <[email protected]> wrote:
    >
    > > It's very doubtful that Ullrich is in breach of his Bianchi contract.
    It
    > > was a one year contract and he had contracted to return to T----Mobile
    after
    > > the Bianchi contract expires. To my knowledge he hasn't appeared in T---Mobile kit which would
    > > be a breach of his Bianchi contract.
    Assuming he
    > > has/is performing otherwise within the requirements of the Bianchi
    contract,
    > > he isn't in breach. IMO, Bianchi seems to be spitting sour grapes into
    the
    > > air.
    >
    > Ullrich at the T-Mobile press conference:
    >
    > http://tinyurl.com/td5h
    >
    > Ullrich in Kazachstan (mid october):
    >
    > http://tinyurl.com/td5n
    >
    > Bye, Torben
    A press conference wearing a suit may not be a breach, but it could be depending on contract
    worrding. Combine that with this report in CN noting that Jan is on the Telecom we site and he
    Bianchi has good reason to be pissed even if might not be correct legally. I don't think Telekom
    will let Jan starve until January. Then again, perhaps they'll let him starve enough to not be able
    to afford the sweets.

    Jan Ullrich has recommenced cycling training after a short break at the end of the season. The
    Swiss-based German has been riding near his home in Scherzingen in the company of his current and
    future teammates Tobias Steinhauser, André Korff and Andreas Klöden. "First of all I will train
    around the area of Lake Constance," said Ullrich on Telekom's website. "I want to slowly build the
    momentum there. At the beginning we will ride about 100 kilometres or so a day, in addition to some
    gymnastics and some work in the weight room."
     
  7. Warren

    Warren Guest

    In article <[email protected]s.atl.earthlink.net>, B. Lafferty
    <[email protected]> wrote:
    > said Ullrich on Telekom's website...At the beginning we will ride about 100 kilometres or so a
    > day, in addition to some gymnastics and some work in the weight room."

    Interesting.

    -WG
     
  8. Kyle Legate

    Kyle Legate Guest

    B. Lafferty wrote:
    > It's very doubtful that Ullrich is in breach of his Bianchi contract. It was a one year contract
    > and he had contracted to return to T----Mobile after the Bianchi contract expires. To my knowledge
    > he hasn't appeared in T---Mobile kit which would be a breach of his Bianchi contract. Assuming he
    > has/is performing otherwise within the requirements of the Bianchi contract, he isn't in breach.
    > IMO, Bianchi seems to be spitting sour grapes into the air.
    >
    According to cyclingnews.com, Ullrich hasn't been paid since August. As far as I'm concerned this
    constitutes a violation of the contract by Bianchi and Ullrich can consider it null and void.
     
  9. "Kyle Legate" <[email protected]> wrote in message
    news:[email protected]...
    > B. Lafferty wrote:
    > > It's very doubtful that Ullrich is in breach of his Bianchi contract. It was a one year contract
    > > and he had contracted to return to T----Mobile after the Bianchi contract expires. To my
    > > knowledge he hasn't appeared in T---Mobile kit which would be a breach of his Bianchi contract.
    > > Assuming he has/is performing otherwise within the requirements of the Bianchi contract, he
    > > isn't in breach. IMO, Bianchi seems to be spitting sour grapes into the air.
    > >
    > According to cyclingnews.com, Ullrich hasn't been paid since August. As far as I'm concerned this
    > constitutes a violation of the contract by Bianchi
    and
    > Ullrich can consider it null and void.

    Dumbass -

    Ya, that's really going to do Ullrich a lot of good.
     
  10. B. Lafferty

    B. Lafferty Guest

    "Kyle Legate" <[email protected]> wrote in message
    news:[email protected]...
    > B. Lafferty wrote:
    > > It's very doubtful that Ullrich is in breach of his Bianchi contract. It was a one year contract
    > > and he had contracted to return to T----Mobile after the Bianchi contract expires. To my
    > > knowledge he hasn't appeared in T---Mobile kit which would be a breach of his Bianchi contract.
    > > Assuming he has/is performing otherwise within the requirements of the Bianchi contract, he
    > > isn't in breach. IMO, Bianchi seems to be spitting sour grapes into the air.
    > >
    > According to cyclingnews.com, Ullrich hasn't been paid since August. As
    far
    > as I'm concerned this constitutes a violation of the contract by Bianchi
    and
    > Ullrich can consider it null and void.
    >
    >

    A legal argument might work something like this from Ullrich's viewpoint.

    Bianchi is in breach for failure to pay contracted wages. They owe salary in the amount of "X." To
    mitigate my damages, I not only found new employment for the period after the Bianchi contract
    expires, but began working for Telecom prior to the January, 2004 Bianch contract expiration in
    order to have money to live. Bianchi owes me the difference between "X" and what Telecom has paid
    me, "Y." This assumes there is no liquidated damages clause in the Bianch contract.
     
  11. Kyle Legate

    Kyle Legate Guest

    Kurgan Gringioni wrote:
    >
    > Ya, that's really going to do Ullrich a lot of good.
    >
    It will if they try to sue him for apprearing at a Telekom function while still under "contract"
    to Bianchi.
     
  12. B. Lafferty

    B. Lafferty Guest

    "B. Lafferty" <[email protected]> wrote in message
    news:[email protected]...
    >
    > "Kyle Legate" <[email protected]> wrote in message
    > news:[email protected]...
    > > B. Lafferty wrote:
    > > > It's very doubtful that Ullrich is in breach of his Bianchi contract. It was a one year
    > > > contract and he had contracted to return to T----Mobile after the Bianchi contract expires. To
    > > > my knowledge he hasn't appeared in T---Mobile kit which would be a breach of his Bianchi
    > > > contract. Assuming he has/is performing otherwise within the requirements of the Bianchi
    > > > contract, he isn't in breach. IMO, Bianchi seems to be spitting sour grapes into the air.
    > > >
    > > According to cyclingnews.com, Ullrich hasn't been paid since August. As
    > far
    > > as I'm concerned this constitutes a violation of the contract by Bianchi
    > and
    > > Ullrich can consider it null and void.
    > >
    > >
    >
    > A legal argument might work something like this from Ullrich's viewpoint.
    >
    > Bianchi is in breach for failure to pay contracted wages. They owe salary in the amount of "X." To
    > mitigate my damages, I not only found new employment for the period after the Bianchi contract
    > expires, but began working for Telecom prior to the January, 2004 Bianch contract expiration
    in
    > order to have money to live. Bianchi owes me the difference between "X"
    and
    > what Telecom has paid me, "Y." This assumes there is no liquidated
    damages
    > clause in the Bianch contract.

    I want to add one more factor that may apply, depending on the law of the European Union. In
    some US jurisdictions there is actually a legal obligation on the part of one claiming the
    contract breach to use good faith, reasonable efforts to mitigate damages or the claim will be
    either dismissed or damages reduced.
     
  13. B. Lafferty <[email protected]> wrote:

    > > A legal argument might work something like this from Ullrich's viewpoint. Bianchi is in breach
    > > for failure to pay contracted wages. They owe salary in the amount of "X." ...

    > I want to add one more factor that may apply, depending on the law of the European Union. In
    > some US jurisdictions there is actually a legal obligation on the part of one claiming the
    > contract breach to use good faith, reasonable efforts to mitigate damages or the claim will be
    > either dismissed or damages reduced.

    Also according to European Union law, if Jan's bike breaks next year, Bianchi still has to buy him
    a new one.

    Yours, Justin
     
  14. B. Lafferty

    B. Lafferty Guest

    "Benjamin Weiner" <[email protected]> wrote in message news:[email protected]...
    > B. Lafferty <[email protected]> wrote:
    >
    > > > A legal argument might work something like this from Ullrich's
    viewpoint.
    > > > Bianchi is in breach for failure to pay contracted wages. They owe
    salary
    > > > in the amount of "X." ...
    >
    > > I want to add one more factor that may apply, depending on the law
    of
    > > the European Union. In some US jurisdictions there is actually a legal obligation on the part of
    > > one claiming the contract breach to use good faith, reasonable efforts to mitigate damages or
    > > the claim will be
    either
    > > dismissed or damages reduced.
    >
    > Also according to European Union law, if Jan's bike breaks next year, Bianchi still has to buy him
    > a new one.
    >
    > Yours, Justin

    Quite right.
     
  15. Mike Cox

    Mike Cox Guest

    Is J Lewis, author of one of the most entertaining, non race, threads this year aware of this legal
    turn of events?

    Just curious,
     
  16. Doug

    Doug Guest

    I'd think the contract has both a "best efforts" clause, and a clause requiring that Ullrich not
    affiliate himself in any way with any other team until the expiration of his contract with Bianchi.
    If he was still scheduled to race, and he nevertheless affiliated himself with a competitive team
    and its sponsors, his value to Bianchi may have been diluted.

    I have to think that an entity like Bianchi is well-counseled, and would not itself breach its
    contract with Ullrich by withholding payment unless there were colorable grounds to do so.
    Otherwise, it would most definitely soil its reputation in the professional peloton, which it would
    not want to do.

    "B. Lafferty" <[email protected]> wrote in message
    news:[email protected]...
    >
    > "Torben Rucker" <[email protected]> wrote in message
    > news:[email protected]...
    > >
    > > "B. Lafferty" <[email protected]> wrote:
    > >
    > > > It's very doubtful that Ullrich is in breach of his Bianchi contract.
    > It
    > > > was a one year contract and he had contracted to return to T----Mobile
    > after
    > > > the Bianchi contract expires. To my knowledge he hasn't appeared in T---Mobile kit which would
    > > > be a breach of his Bianchi contract.
    > Assuming he
    > > > has/is performing otherwise within the requirements of the Bianchi
    > contract,
    > > > he isn't in breach. IMO, Bianchi seems to be spitting sour grapes
    into
    > the
    > > > air.
    > >
    > > Ullrich at the T-Mobile press conference:
    > >
    > > http://tinyurl.com/td5h
    > >
    > > Ullrich in Kazachstan (mid october):
    > >
    > > http://tinyurl.com/td5n
    > >
    > > Bye, Torben
    > A press conference wearing a suit may not be a breach, but it could be depending on contract
    > worrding. Combine that with this report in CN
    noting
    > that Jan is on the Telecom we site and he Bianchi has good reason to be pissed even if might not
    > be correct legally. I don't think Telekom will
    let
    > Jan starve until January. Then again, perhaps they'll let him starve
    enough
    > to not be able to afford the sweets.
    >
    > Jan Ullrich has recommenced cycling training after a short break at the
    end
    > of the season. The Swiss-based German has been riding near his home in Scherzingen in the company
    > of his current and future teammates Tobias Steinhauser, André Korff and Andreas Klöden. "First of
    > all I will train around the area of Lake Constance," said Ullrich on Telekom's website. "I want to
    > slowly build the momentum there. At the beginning we will ride
    about
    > 100 kilometres or so a day, in addition to some gymnastics and some work
    in
    > the weight room."
     
Loading...
Thread Status:
Not open for further replies.
Loading...