PORTSMOUTH, Va. (CelebrityAccess) The Atlantic Union Bank Pavilion in Portsmouth, Va., was recently shut down for the season by the City of Portsmouth because of structural issues with the venue’s roof, causing one concert promoter to sue the city for breach of contract.
The 18-year-old amphitheatre, a shed with a distinctive, white, tented roof located along the banks of the Elizabeth River across from Norfolk, was known as Portsmouth Pavilion until early last year and was originally known as nTeles Pavilion. This year’s concerts included Slightly Stoopid, Styx, Lionel Richie, Dwight Yoakam and moe., Blues Traveler and G Love, which have all been moved to other buildings like Chrysler Hall and Veterans United Home Loans Amphitheater.
The problems began last May when a routine inspection found a safety issue because of a 5/8-inch to 3/4-inch crack in one of the masts, according to ABC News Now 13. It was closed for repairs but was expected to reopen in June but the city said additional structural issues were discovered.
Promoter IMGoing, formerly known as Integrated Management Group, which has managed the venue since 2006 and is its sole and exclusive manager, promoter and operator, has filed suit against the city, saying it has not been forthcoming about the damages and the work needed, claiming it has accrued more than $1 million in lost revenue because of the 2018 and 2019 closures, plus loss of sponsor revenue.
“IMGoing incurred a lot of expenses that need to be resolved by the city,” said attorney Jim Harvey, who is representing the company, told the Virginia-Pilot. “IMGoing remains committed to making the most out of a valuable community asset and just wants to host shows.”
According to the lawsuit, IMGoing was engaged by the city, when the pavilion was constructed, to create a positive economic impact to the city and was a “valuable partner” to the city for more than a decade. It says that, initially, it inspected the damages and found that it would need $50,000 in repair.
“Aesthetically, it may not be as appealing as a new mast, but structurally it would enable the mast to serve out its useful life,” engineer Matt J. Marshall Jr. wrote to IMGoing, which passed the proposal along to city officials, according to the paper. “At a minimum, it would give us several more years until the roof has to be taken down and replaced due to wear and tear.”
The city never responded. IMGoing says it urged the city to keep the venue open until the end of this season in November but the city shuttered the venue at the beginning of the season instead.
“Despite the City’s assurances that it understood the harm caused to IMGoing for the season and would treat IMGoing like a partner, the City never provided any substantive response to IMGoing’s claim of damages,” IMGoing said in its lawsuit.
It is suing for almost $4.5 million to cover past losses plus anticipated damages and fees.
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