If Miami doesnt agree to pay the buyout, Temple should go to court and seek punitive damages. They have a good case since they can show that a known criminal entity (Miami) falsely agreed to perform contractually.
Exchange the turnover chain for a ball and chain.

(01-01-2019 10:30 AM)brovol Wrote:  

(01-01-2019 09:59 AM)vick mike Wrote:  brovol, damages are significant due to the critical recruiting schedule and Miami’s action to hurt Temple during this time. As for negotiation what is Temple’s incentive to take less than the contract amount? Miami is the desperate party here. One last thing look at the timing of the Houston/Holgerson story, Houston waited until Danas buyout dropped significantly. Why? Because Contracts matter.

It's a legal issue, and to the extent Diaz/Miami can avoid paying a "fixed" penalty, they will. I don't know exactly what the contract says, nor when it was signed, but if there were only days between the temple and the Miami contracts being entered, and Diaz never got paid by Temple because he wasn't yet actually on the clock for Temple yet, my guess is that arguments will be made, and a negotiation of some figure ultimately reached which is less than the amount expected.

We shall see, won't we?

Diaz was on the Temple payroll 17 days, and acted in good faith during that time by signing on two coaches who left other teams and signed the LOI's of 19 recruits. It is not like it was a 2 day Las Vegas wedding. Temple had no plans in those 17 days to search for and obtain a head football coach. Contracts matter. Buy-outs don't have a 20 day 'nevermind' clause. Miami has to pay to play.

(01-01-2019 11:34 AM)taximan1 Wrote:  If Miami doesnt agree to pay the buyout, Temple should go to court and seek punitive damages. They have a good case since they can show that a known criminal entity (Miami) falsely agreed to perform contractually.
Exchange the turnover chain for a ball and chain.

"Punitive" damages would not be allowed. Contractual damages would be; presumably that is.

(01-01-2019 01:01 PM)fishpro1098 Wrote:  

(01-01-2019 10:30 AM)brovol Wrote:  

(01-01-2019 09:59 AM)vick mike Wrote:  brovol, damages are significant due to the critical recruiting schedule and Miami’s action to hurt Temple during this time. As for negotiation what is Temple’s incentive to take less than the contract amount? Miami is the desperate party here. One last thing look at the timing of the Houston/Holgerson story, Houston waited until Danas buyout dropped significantly. Why? Because Contracts matter.

It's a legal issue, and to the extent Diaz/Miami can avoid paying a "fixed" penalty, they will. I don't know exactly what the contract says, nor when it was signed, but if there were only days between the temple and the Miami contracts being entered, and Diaz never got paid by Temple because he wasn't yet actually on the clock for Temple yet, my guess is that arguments will be made, and a negotiation of some figure ultimately reached which is less than the amount expected.

We shall see, won't we?

Diaz was on the Temple payroll 17 days, and acted in good faith during that time by signing on two coaches who left other teams and signed the LOI's of 19 recruits. It is not like it was a 2 day Las Vegas wedding. Temple had no plans in those 17 days to search for and obtain a head football coach. Contracts matter. Buy-outs don't have a 20 day 'nevermind' clause. Miami has to pay to play.

Has anyone seen the actual buyout language? That is what matters. But if his contract with Temple was 17 days prior to signing with Miami, I tend to agree that Miami will likely pay. Still not certain it will be the full buyout amount.