business@tribunemedia.net
THURSDAY, AUGUST 24, 2017
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Legal battle erupts at West Bay resort
GB POWER DIGS IN ON URCA DISPUTE
* Courtyard Marriott’s manager sues owner for $556k * Claims mortgage, hotel fees not being paid * Nassau investor fearing ‘freeze out’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A FURIOUS legal battle has erupted at a major Nassau hotel, with the operator suing its owner to recover $556,000 in unpaid fees amid allegations of numerous contractual breaches. The Supreme Court action filed by Donald J Urgo and Associates, a respected and internationally-known hotel management company, lists 10 different management agreement
GOV’TS SMALL BUSINESS PLANS ‘TOO FRAGMENTED’
* Urged: Tie all initiatives to long-awaited legislation * Consultant: ‘Strategy not aligned with the vision’ * Bahamas has ‘15 strategies going 15 places’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Government’s small business development strategy is “too fragmented”, a consultant yesterday urging it to “tie” all activities to the sector’s long-awaited legislation. Mark Turnquest, of Mark A. Turnquest Consulting, told Tribune Business that the promised Small and Medium-Sized Enterprises (SME) Development Bill needed to drive all initiatives designed to advance entrepreneurship, not the other way around. He suggested that the small business development strategies pursued by previous administrations had been hopelessly muddled and confused, with the likes of the Bahamas Development Bank (BDB), government-sponsored venture capital fund and Bahamas Agricultural and Industrial Corporation
* Position ‘hasn’t changed one iota’ * Still opposed to URCA regulating Port area * URCA more optimistic; talks of giving firm license
violations allegedly committed by the Courtyard by Marriott’s owner. Urgo’s Statement of Claim, filed on August 21, 2017, and seen by Tribune Business, claims that Sunset Equities, owner of the West Bay Street property located opposite Junkanoo Beach, had failed to make due payments to Marriott and the financiers that own the Courtyard by Marriott’s mortgage. This newspaper’s records show that the original mortgage SEE PAGE B2
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THE Courtyard by Marriott on West Bay Street. Photo: Terrel W. Carey/Tribune Staff
CHAMBER EXECUTIVE: BPL PLAN ‘DOESN’T PROTECT CONSUMER’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A CHAMBER of Commerce executive yesterday called for Bahamas Power & Light’s (BPL) proposed consumer protection plan to be renamed, arguing: “The consumer is not protected.” Debbie Deal, head of the Chamber’s Energy and Environment Division, said BPL’s draft plan listed numerous situations where it “will not honour claims for damages” to consumers’ properties, electronic goods and equipment. The plan, which is currently undergoing public consultation, details how consumers can submit claims for
* Suggests it be renamed, due to recovery limits * Bahamians demanding more ‘transparency’ * Concerns on meters, billing and deposits
damages to electrical equipment and spoilage “in the event of a negligent act by an authorised employee executing the installation or maintenance of any part of the network”. However, it quickly adds: “The Bahamas Power & Light Company will not SEE PAGE B3
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net GRAND Bahama Power Company has “not changed its position one iota”, despite URCA executives yesterday expressing hope it will negotiate a settlement to their regulatory dispute. Well-placed Tribune Business sources said that while the Freeport-based energy monopoly was willing to listen to the regulator’s viewpoint, it had not changed its stance that the Grand Bahama Port Authority (GBPA) - not URCA - has the exclusive right to regulate utilities in the Port area. “The litigation is still afoot,” one contact, speaking on condition of anonymity, told this newspaper. “There have been SEE PAGE B3
MARK Turnquest (BAIC) all doing their own thing with no central co-ordination. Disclosing that Cabinet Ministers had “signalled” they were prepared to bring the promised legislation forward, Mr Turnquest said the SME Development Act could serve as the tool that would prevent government agencies operating in isolation. SEE PAGE B4
EX-HARD ROCK NASSAU FRANCHISEE LOSES APPEAL * US court tosses $18.877m damages claim By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net HARD Rock Cafe’s former Nassau franchisee has lost its bid to overturn the dismissal of its $18.877 million damages claim for “deceptive and unfair business practices”. HRCC Ltd and its principals, Keith and Kevin Doyle, saw the US 11th district court of appeals in a July 2017 ruling affirm a prior verdict that their damages claim was incompatible with Florida law. The Florida middle district court’s initial ruling found in favour of the Hard Rock franchisor and two of its senior executives, agreeing that HRCC’s claim provided no evidence that Florida’s Deceptive and Unfair Trade Practices Act (FDUPTA) had been breached. The court found that this Act limited damages to direct losses, not “consequential” ones such as lost future profits, and that the Doyles had failed to provide evidence of such actual damages. The US appeals court affirmed the initial judge’s ruling after “careful review”, dismissing HRCC Ltd’s claim that the FDUPTA Act should be interpreted more broadly to include “compensatory” claims. As to the former Nassau franchisee’s second ground of appeal, the court said: “HRCC did not argue the issue of actual damages, and neither did it point to evidence of actual damages, in its response to the defendants’ summary judgment motion. SEE PAGE B2
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