A youth basketball league designed to prepare school-age players for a possible career in the National Basketball Association is suing a Las Vegas concert scene and temporary structure developer for not completing its indoor arena in Atlantic Station in downtown Atlanta.
The interior of Elite Overtime’s Atlantic Station arena.
Overtime Elite sued AG Light & Sound Inc., AG Production Services Inc., and their sole owner, Andrew Gumper, in the U.S. District Court for the Northern District of Georgia for breach of contract and conversion of dollars intended to pay subcontractors. contractors for work on the 103K SF basketball arena at 230 17th St.
Overtime Elite, through its attorneys Troutman Pepper Hamilton Sanders, associate Wheaton Webb and partner Jason McLarry, filed suit against Gumper and his companies on October 17, claiming that deficient works on the arena forced the league young people to pay nearly $13 million in damages, including $2.3. M to complete the stadium Gumper is accused of abandoning and more than $5M to pay subcontractors that Gumper was supposed to reimburse.
“On November 19, 2021, Andrew Gumper left Atlanta without paying defendants’ subcontractors and before the project was completed. Less than a week later, all [the] the remaining employees of the defendants had abandoned the project and [the] the defendants’ trailer was removed from the project site,” Overtime Elite’s attorneys wrote in the lawsuit. “Neither Andrew Gumper nor any of the [the] the other employees of the defendants returned to the project site.
But Gumper said bisnow in an interview last week that the dispute stems from an organization that has continuously intervened and made changes to the design of the stadium, resulting in additional costs. Gumper claims that Overtime Elite is using him and his company as a scapegoat for cost overruns for its investors.
Gumper said Overtime Elite still owes him $3 million in additional expenses and plans to file a counterclaim.
“We delivered a finished product that exceeded their expectations on opening night and they’re still using it,” Gumper said.
Gumper declined to say when he planned to file a counterclaim and did not identify his attorneys.
Overtime Elite officials declined to comment, and their attorneys did not return calls seeking comment.
The elite overtime arena at Atlantic Station.
Founded by CEO Dan Porter and President Zack Weiner, Overtime Elite welcomes talented high school basketball players to prepare them for a career in the NBA while forgoing college basketball. Players are paid at least $100,000 a year plus bonuses, Sporting News reported.
Gumper said he was brought to Overtime Elite’s attention by Hines, owner of Atlantic Station, after he successfully built a temporary 72K SF concert arena for DirecTV’s Super Saturday Night Foo Fighters group during of Super Bowl LIII in 2019.
After accepting the project, Gumper said Overtime Elite wanted to move aggressively to build the arena in time for its opening night, six months later.
“I was hired by them at the last minute to build the stadium for them. Normally a project like this takes two to three years from start to finish,” Gumper said, adding that he also had to solve supply chain issues for materials during the pandemic. “The fact that we succeeded and had a place in six months is unreal.”
Overtime Elite also alleges that Gumper took a check for over $44,000 that was to be used to pay a subcontractor and instead deposited it into his personal bank account, a charge Gumper has denied.
“Nothing ever entered my personal accounts,” he said. “I don’t know where they got a $40,000 number from. I suppose [they] pulled that out of their ass somewhere.
Gumper counters that he was continually approached by Overtime Elite officials to alter the stadium design “until opening night”, which skyrocketed the project’s development costs from 10 to 30 millions of dollars.
“It was a combination of their inexperience simply not understanding the process and also the rushed timeline of the project,” he said. “I think they’re just trying to explain to their investors [about cost overruns]. And they try to explain it and they blame me for it.