The company contracted to produce Bahamas Junkanoo Carnival (BJC) is suing the Bahamas National Festival Company for breach of the three-year agreement to put on the event.
Unique Bahamas International Co. Ltd. says in a writ filed in the Supreme Court on Friday that it has been put to considerable trouble and expense by reason of delays and gross inconvenience and as a result is suffering considerable loss and damages.
Bahamas National Festival Company was incorporated by the Bahama National Festival Commission (BNFC), which was established by the government to organize, plan, operate and promote carnival.
According to the writ, by an agreement dated December 8, 2014, the festival company agreed to retain and employ Unique Bahamas as the exclusive producer of carnival.
It was an express term of the agreement that Unique would have oversight and in some instances complete control of all aspects of carnival, including production and marketing, the appointment of ticketing agents and control of ticket sales, securing venues, subcontracting production specialists, erecting stages for performances, booking performers, advertising and promotion of carnival in association with a major international music label and hosting and promoting the Music Masters competition, the writ says.
It adds Unique successfully performed all of its obligations under the agreement for the years 2015 and 2016.
"In breach of the agreement, the defendant has drafted and issued a request for proposal which solicits tenders for services which are detailed in the agreement as the direct responsibilities of the plaintiff," the writ states.
"In further breach of the agreement the defendant either directly via its agents and/or appointees has entered into contracts which are the direct responsibility of the plaintiff under the agreement with the effect of unilaterally terminating the agreement."
The writ claims Bahamas National Festival Company has appointed ticketing agents and commenced ticket sales for this year's carnival; begun securing venues; contracted with production specialists; erected stages and booked performers.
The writ also says the festival company has begun advertising and promotions, and has hosted and promoted the Music Masters competition, which was held in Grand Bahama on the weekend.
Unique Bahamas also accused the festival company of breaching the specific terms of the agreement as they related to the resolution of disputes.
Among other claims, it alleges loss of expected income, including that to be paid to the international music label; loss of monies advanced to third party subcontractors in order to reserve equipment and secure services; loss of opportunity for events that were not booked due to the standing carnival commitment and loss of reputation due to cancellation of contracts with third party subcontractors who themselves have suffered direct losses as a direct result.
In a press statement that coincided with the filing, the company -- represented by Bostwick and Bostwick -- said it took legal action with "great regret and deep remorse".
The release said the company is 100 percent Bahamian.
"UBI wishes to make it very clear that, notwithstanding the present situation regarding its involvement, or lack thereof in this year's BJC, UBI remains fundamentally committed to the development of local Bahamian talent in the performing arts and to ensuring their exposure on the world market and to establishing the fully Bahamian staffed support services that are vital components of a fully functional entertainment industry," it said.
"The event's two initial years were a huge success, much to the acclaim of the BNFC. As agreed, UBI assisted the winners of the Music Masters competitions in receiving recording contracts that have been produced and released by one of the world's leading recording labels; with both Sammy Star and Lady E, having recently had worldwide releases of their music as a direct result of the same."
The dispute with UBI arose after authorities decided to cut spending for this year's carnival events.
Clifford Park is not a venue this year. The Nassau-based events are confined to Arawak Cay.
Carnival weekend takes place in New Providence May 4-6.
It its statement, UBI said it remains ready, willing and able to perform all of it duties under the contract having made the necessary preparations toward the same some time ago in the ordinary course of its business.

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