NASCAR sues former operator of Drive For Diversity program

By Bob Pockrass

Thursday, March 04, 2010

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NASCAR, embroiled in a dispute over whether it still owes money to Access Marketing & Communications for operating its Drive For Diversity program from 2004-2008, has asked the federal courts to get involved.

NASCAR filed a lawsuit Thursday in U.S. District Court in Orlando to determine whether it owes money to Access, which is operated by Calhoun Enterprises. NASCAR claims it is unsure how much money Calhoun Enterprises President Greg Calhoun wants but it is in the “hundreds of thousands of dollars.”

The contract between NASCAR and Calhoun expired in 2008, and NASCAR opted to move the Drive For Diversity program to Revolution Racing and The 909 Group, both owned by former Dale Earnhardt Inc. President Max Siegel. The 909 Group took over the Drive For Diversity program beginning in 2009.

Calhoun sent letters in March 2009 and February 2010 to NASCAR asking for “hundreds of thousands of dollars,” according to the NASCAR filing. NASCAR alleges that it does not owe money to Calhoun, who, according to the complaint, wants money related to travel, Web site development, licensing agreements and other things.

Various contracts between Calhoun and NASCAR are part of the exhibits in the lawsuit. According to one of the contracts, NASCAR committed to give the company $2.3 million in 2007 and $2.4 million in 2008 to go toward sponsoring drivers for the Drive For Diversity. NASCAR would make quarterly payments, and if Calhoun generated any third-party sponsorships for the Drive For Diversity drivers, NASCAR would receive a credit in that amount on its next payment. The court file lists $1.86 million in projected third-party sponsorship for 2005 drivers (plus $100,000 in third-party sponsorship designated for Sarah Fisher to run in the West Series) but nothing for other years.

NASCAR also had a three-year consulting agreement from 2006-2008 with Calhoun, who was paid $150,000 annually as well as $181,000 for “project management” as part of that agreement.

“There is a real … controversy between the parties,” NASCAR’s complaint states. “NASCAR is uncertain of its rights and obligations … and justifiably fears that without clarification from this Court, it will suffer harm.”

NASCAR alleges that it has not received documentation supporting Calhoun’s demands.

“We worked with Mr. Calhoun for many years and according to our records paid him very well, on time and in full,” NASCAR spokesman Ramsey Poston said. “Now, more than a year later, Mr. Calhoun says we owe him an undisclosed amount of money.

“If there is something we owe under the contract, then we are happy to pay any and all outstanding invoices. However, until Mr. Calhoun submits an invoice there is not much we can do.”

Calhoun did not return an e-mail request for comment.