Horry County has filed a lawsuit against the management company of the Wings Over Myrtle Beach air show, alleging a breach of contract and issues with parking and payment.
The lawsuit, filed on September 5, lists Horry County as the plaintiff and JLC Airshow Management, LLC as the defendant.
Four causes of action are listed in the lawsuit: breach of contract, breach of contract/accounting, breach of trust, and breach of duty of good faith and fair dealing.
Horry County claims in the lawsuit, around September 13, 2017, they entered into a contract for professional services with JLC Airshow Management and the management company “agreed to undertake the responsibility for organizing, producing, executing and managing the ‘Wings Over Myrtle Beach’ air show to be held at the Myrtle Beach International Airport.”
Horry County also claims they paid the title sponsorship fee of $150,000 provided in the contract and that the contract “specifically provides that JLC would provide a ‘turn-key air show’ to be conducted April 27-29, 2018 on property provided by the County.”
“As part of is obligation to provide a ‘turn-key air show,’ JLC agreed to provide transportation from the remote parking facilities to the ground where the air show was being conducted,” the lawsuit also claims.
Horry County claims in the suit that the transportation services JLC “actually undertook” were “woefully inadequate for the number of patrons utilizing the remote parking facilities” and that the County “believes that numerous patrons were left standing in line for hours waiting for transportation to the air show grounds.”
The suit also alleges “certain frustrated air show patrons” walked from the parking area to the airport terminal to protest conditions to airport staff.
Horry County further claims they were forced to request transportation assistance from Horry County Schools and Waccamaw Regional Transportation Authority “to provide buses and drivers in order to transport patrons to the air show grounds.” The county alleges incurred charges amount to $22,350.44 from HCS and $9,432.51 from WRTA.
The suit also claims as part of the contract, JLC had to provide the County with an air show commission fee “based on gross revenue of the event” and that JLC reported the total gross revenue generated from the show amounted to nearly $1.2 million dollars. Horry County alleges the gross revenue reported by JLC is “inaccurate” and amounts to “less than $10/person for tickets, parking, concessions, and all other sources of revenue” and that the County is “entitled to a full accounting of the total gross revenues generated by the air show.”
“As the result of JLC’s breach of contract, Horry County has suffered damages and is informed and believes that it is entitled to a judgment against JLC for actual, incidental, and compensatory damages in an amount to be proved at the trial of this action, together with prejudgment interest,” the suit states.
The lawsuit asks for “an award of judgment against JLC” in the amount of $31,782.95, an award “of actual, consequential, compensatory, and punitive damages against JLC in the amount to be proved at the trial of this case,” for an award of “costs and fees incurred by Horry County as necessitated in pursuing this action,” and “for such and further relief as this Court may deem just and proper.”
WBTW News13 reached out to Horry County officials. They declined to comment.
We also reached out to JLC Airshow Management. Spokesperson Brenda Little said there has been ongoing disagreement between JLC and the county about payment of extra buses needed after delays on the Saturday of the show.
Little said the county ordered the buses and JLC never authorized the buses at the time, that the county sent JLC an invoice for $31,782.95, and that JLC received confirmation that the invoice was paid on Tuesday.
Little also said JLC is surprised by the lawsuit and the company believes the lawsuit isn’t related to the decision not to have a show next year.
The full lawsuit can be read here: