Brown United On Phish Staging Lawsuit: ‘Will Be Resolved In The Next Two Weeks’

Taylor Hill/Getty Images – Phish
Phish ends its 2015 summer tour by performing at its annual residency at Dick’s Sporting Goods Park in Commerce City, Colo., Sept. 4, 2015.

AEG Presents – Rocky Mountains filed suit against Brown United and CEO/owner John Brown Sept. 13, accusing the company of breach of contract and failing to return a deposit of $105,000 to provide a stage for Phish’s 2018 Labor Day weekend residency at Dick’s Sporting Goods Park in Commerce City, Colo. 

Brown told Pollstar Sept. 19 his company has agreed to return the deposit in full.

“I have a high regard for AEG, and floated the idea of getting another company to cover me for the Phish show, and it was determined that might be best since some of the promised equipment was held up elsewhere,” Brown’s full comment to Pollstar states. “We have agreed to return the deposit in full as there were no services provided. I am grateful for all that business AEG has directed our way, and have no intention of keeping something we did not earn. I am sure this will be resolved in the next two weeks.”

AEG and Brown United entered into an agreement in May for the Monrovia, Calif.-based staging company to “furnish and provide services with regards to the provision of a stage and related materials” for Phish’s Aug. 31-Sept. 2 gigs and the promoter made two payments to Brown United totaling $105,000 per the terms saying a secondary deposit must be made no later than June 1, according to the suit filed in Los Angeles Superior Court (as first reported by the Business Den). 

Brown reportedly informed AEG July 27 that his company wouldn’t be able to perform its obligations for the concerts and three days later the promoter gave Brown United written notice of the termination of the agreement and requested written confirmation that the $105,000 deposit would be returned.  

The lawsuit claims that although Brown United acknowledged that AEG is entitled to its deposit returned, the promoter has “repeatedly demanded payment from Brown United” in vain, with the last request made Sept. 11, two days before the suit was filed. AEG has reportedly not received any payment from Brown United. 

AEG Presents – Rocky Mountain, which says it was forced to get a stage from another source for the Phish residency at “a cost that was considerably greater than the amount to be paid to Brown United,” is suing to receive the $105,000 deposit back, along with prejudgment interest; cost and expenses of suit; and “for such other and further relief as the court deems just and proper.” 

Phish has wrapped up its summer tour with a three-night stand at Dick’s Sporting Goods Park every year since 2011. The most recent report submitted to Pollstar’s Boxoffice for Phish at the Commerce City venue was its 2016 residency, promoted by AEG, which sold 69,936 tickets and grossed more than $4.03 million.  

The band is set to return to the road for its fall tour next month, starting with two nights at Times Union Center in Albany, N.Y., Oct. 16-17. 

Pollstar reached out to AEG Presents for comment and had not received a response at post time.