Duryea's contract

Aggie-Man · Post by **Aggie-Man** » April 13th, 2018, 4:46 pm

Well it seams after all the discussion on here about the length of Tim's contract we, USU Fans, weren't the only ones in disagreement. USU and Tim appear to be at odds as well according to Cache Valley Daily.

http://www.cachevalleydaily.com/sports/ ... 3dcd4.html

bigblue · Post by **bigblue** » April 13th, 2018, 5:12 pm

If Timmy signed the contact with the wrong date then that is his own fault. I would think the contact is locked in on those dates regardless of what was offered. I'm no attorney so I'm curious how this plays out.

This raises another issue in my mind. Did Barnes mess up other contracts within the AD? Seems like it might be the Duryeas getting as much as they can on their way out.

Sent from my SM-G900V using Tapatalk

oleblu111 · Post by **oleblu111** » April 13th, 2018, 5:17 pm

It makes me wonder what kind of a University can not write up a contract with clear language. The people that look at these contracts are high paid educated people, evidently overpaid and under educated. I wonder if Tim paid big money for some attorney to read that mess. I know USU has a attorney that was representing the university that crafted that mess. Ole Moo Ewe at its best.

I have not read the entire contract, but I wonder if USU wrote another contract where future earnings do not reduce the amount owned coach. I do know that error was part of Matt Wells contract.

USUBlue · Post by **USUBlue** » April 13th, 2018, 5:34 pm

Look for an integration clause in the contract. If there’s an integration clause, prior drafts and oral discussions are not even admissible because of the parole evidence rule. There seems to be no ambiguity as it relates to the specific dates of the contract or even as a relates to the five years given that it’s during five different physical years. This is a loser for Duryea if there’s a integration clause

gomretat · Post by **gomretat** » April 13th, 2018, 5:45 pm

Completely classless if this is true. Hope it is false or I am embarrassed to be an Aggie right now.

USUBlue · Post by **USUBlue** » April 13th, 2018, 5:50 pm

gomretat wrote: ↑
April 13th, 2018, 5:45 pm
Completely classless if this is true. Hope it is false or I am embarrassed to be an Aggie right now.

Don’t agree at all. Having negotiated several contracts with Utah State, the contracts are what they say they are. I find no ambiguity in the Contract. It does indeed cover five different fiscal years, and is completely understandable given the way Utah State does business. The fact that Duryea was confused doesn’t mean that the Contract was in anyway misleading.

I guess I should look at the contract, and not be so lazy, and see if there is indeed an integration clause in it. I would be amazed if there wasn’t. It is standard contract language

gomretat · Post by **gomretat** » April 13th, 2018, 5:53 pm

You call it what you want. Very embarrassing for me. I do business all over the world and have for years. This is bush league in every way. Disgusting to a person who gave that many years of his life to USU. Pathetic.

USUBlue · Post by **USUBlue** » April 13th, 2018, 5:57 pm

I think they gave him a year more than they should’ve in that contract. I would’ve made it three years +3 months. Four years and three months is plenty long. But my loyalty is to Utah State, not to any particular coach

USUBlue · Post by **USUBlue** » April 13th, 2018, 6:02 pm

It’s also another lesson. People think they understand contracts, but in most cases they should just hire an attorney and get some help on it.

Madmartigan · Post by **Madmartigan** » April 13th, 2018, 6:08 pm

USUBlue wrote: ↑
April 13th, 2018, 6:02 pm
It’s also another lesson. People think they understand contracts, but in most cases they should just hire an attorney and get some help on it.

I trust Blues opinion completely on this one. I’m curious what our resident Attorneys make of this.

Full · Post by **Full** » April 13th, 2018, 6:14 pm

I see two sides. Hartwell looks at the contract negotiated by the previous AD and sees a contract covering five fiscal years and ending in 2019. When making his decision to end the contract, he depends on the contract that is available to him. Barnes was on his way out and didn’t really care what was in the contract. This falls on Duryea for not getting the dates right on the contract he was agreeing to. It was $279,000 difference between what he thought he negotiated and what he signed. I could see the AD sticking to the terms of the contract because I’m sure they relied on the actual document when deciding to retain or fire the coach. Also, based on the contract I know many on this site thought the decision to fire or retain the coach had to be made this year.

This looks bad because I’ve scrutinized all my apartment leases and real estate documents when buying a house much more thoroughly.

aggiesdotcom · Post by **aggiesdotcom** » April 13th, 2018, 6:33 pm

I think the last payment was contingent upon Reno beating Loyola Chicago for the extra revenue. Sorry, your unproven replacement got double the raise and we can't afford to pay you.

USUBlue · Post by **USUBlue** » April 13th, 2018, 6:38 pm

Utah state has no choice but to follow the contract as written. If parole evidence were allowed on all written contracts with governmental entities, there would be no end to the disputing. Hartwell couldn’t give Duryea an extra year of pay even if I wanted to. His hands are tied. Harwell reports to the president, to the trustees, and ultimately to the entire state of Utah.

There are also other interesting issues in any contract dispute termination. One would be the payout of benefits or the continuity of benefits such as medical insurance, 401(k)s etc. Also there’s usually a duty to mitigate damages. So if a coach gets a new job, This issues could be negotiated, but I don’t see compensation of an extra year being negotiated

hipsterdoofus21 · Post by **hipsterdoofus21** » April 13th, 2018, 6:44 pm

On the bright side Tim got 4 years of ~300k when he had no other head coaching offers and likely limited assistant opportunities. He got a chance to be a D1 head coach and earn his place in the profession. A chance many never get and would give almost anything to have. Barnes screwed up, Doggett screwed up and Tim was once again caught off guard by something even us lowly message boarders saw well ahead of time.

USUBlue · Post by **USUBlue** » April 13th, 2018, 6:47 pm

aggiesdotcom wrote: ↑
April 13th, 2018, 6:33 pm
I think the last payment was contingent upon Reno beating Loyola Chicago for the extra revenue. Sorry, your unproven replacement got double the raise and we can't afford to pay you.

Smith is clearly a proven coach. The only unproven coach in all of this was Duryea. He received an opportunity to show what he could do, and failed and made far too many excuses throughout the process. He also failed to understand that Division I basketball is an entertainment sport and motivating the fans was a big part of his job.

USUBlue · Post by **USUBlue** » April 13th, 2018, 6:52 pm

hipsterdoofus21 wrote: ↑
April 13th, 2018, 6:44 pm
On the bright side Tim got 4 years of ~300k when he had no other head coaching offers and likely limited assistant opportunities. He got a chance to be a D1 head coach and earn his place in the profession. A chance many never get and would give almost anything to have. Barnes screwed up, Doggett screwed up and Tim was once again caught off guard by something even us lowly message boarders saw well ahead of time.

Well said hipster.

Roy McAvoy · Post by **Roy McAvoy** » April 13th, 2018, 6:56 pm

hipsterdoofus21 wrote: ↑
April 13th, 2018, 6:44 pm
On the bright side Tim got 4 years of ~300k when he had no other head coaching offers and likely limited assistant opportunities. He got a chance to be a D1 head coach and earn his place in the profession. A chance many never get and would give almost anything to have. Barnes screwed up, Doggett screwed up and Tim was once again caught off guard by something even us lowly message boarders saw well ahead of time.

Amen. Great summarization of what's going on here. That seems to have happened plenty of times of Duryea's tenure. I can't believe he's going to come away from this bitter towards USU and thinking USU owes him something and he got screwed over.

It looks pretty bad to me on his end that in his own contract with all that at stake he didn't pick up on that, or that he didn't even hire someone who was smart enough to pick up on it.

Madmartigan · Post by **Madmartigan** » April 13th, 2018, 7:01 pm

hipsterdoofus21 wrote: ↑
April 13th, 2018, 6:44 pm
On the bright side Tim got 4 years of ~300k when he had no other head coaching offers and likely limited assistant opportunities. He got a chance to be a D1 head coach and earn his place in the profession. A chance many never get and would give almost anything to have. Barnes screwed up, Doggett screwed up and Tim was once again caught off guard by something even us lowly message boarders saw well ahead of time.

It makes sense now why Usu5477 insisted TD had two years left even when the contract said he didn’t.

ineptimusprime · Post by **ineptimusprime** » April 13th, 2018, 7:06 pm

Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...

USUBlue · Post by **USUBlue** » April 13th, 2018, 7:07 pm

Madmartigan wrote: ↑
April 13th, 2018, 7:01 pm

hipsterdoofus21 wrote: ↑
April 13th, 2018, 6:44 pm
On the bright side Tim got 4 years of ~300k when he had no other head coaching offers and likely limited assistant opportunities. He got a chance to be a D1 head coach and earn his place in the profession. A chance many never get and would give almost anything to have. Barnes screwed up, Doggett screwed up and Tim was once again caught off guard by something even us lowly message boarders saw well ahead of time.
It makes sense now why Usu5477 insisted TD had two years left even when the contract said he didn’t.

It also shows that 5477 was not a USU fan, as much as a Duryea insider

Madmartigan · Post by **Madmartigan** » April 13th, 2018, 7:11 pm

USUBlue wrote: ↑
April 13th, 2018, 7:07 pm

Madmartigan wrote: ↑
April 13th, 2018, 7:01 pm

hipsterdoofus21 wrote: ↑
April 13th, 2018, 6:44 pm
On the bright side Tim got 4 years of ~300k when he had no other head coaching offers and likely limited assistant opportunities. He got a chance to be a D1 head coach and earn his place in the profession. A chance many never get and would give almost anything to have. Barnes screwed up, Doggett screwed up and Tim was once again caught off guard by something even us lowly message boarders saw well ahead of time.
It makes sense now why Usu5477 insisted TD had two years left even when the contract said he didn’t.
It also shows that 5477 was not a USU fan, as much as a Duryea insider

Yup. Close friend or family.

USUBlue · Post by **USUBlue** » April 13th, 2018, 7:12 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:06 pm
Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...

You couldn’t be more wrong. There is no conflict in the contract. Just the opposite, the contract is very specific as to term and dates. Parole evidence is not a substitute for specific language in the contract Without the finding of an ambiguity as to that, And will not be admissible in a court. Also there is no malpractice. There is no duty for USU to see a contract as another side wanted it to be seen. Utah State will prevail on this, and. Duryea will moan and make excuses very similar to how he coached.

ineptimusprime · Post by **ineptimusprime** » April 13th, 2018, 7:19 pm

USUBlue wrote: ↑
April 13th, 2018, 7:12 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:06 pm
Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...
You couldn’t be more wrong. There is no conflict in the contract. Just the opposite, the contract is very specific as to term and dates. Parole evidence is not a substitute for specific language in the contract Without the finding of an ambiguity as to that, And will not be admissible in a court. Also there is no malpractice. There is no duty for USU to see a contract as another side wanted it to be seen. Utah State will prevail on this, and. Duryea will moan and make excuses very similar to how he coached.

The contract states it is to run for a term of five years, then states a term that is not five years. That is patent ambiguity, my friend.

I’m assuming USU attorneys prepared the contract, not Duryea’s attorney.

So, yeah, since ambiguity in contracts is construed against the drafting party, it IS USU’s responsibility to make sure the term is clear.

Duryea’s case is not terrible based on the limited info before me.

hipsterdoofus21 · Post by **hipsterdoofus21** » April 13th, 2018, 7:26 pm

swishh_15 wrote: ↑
April 13th, 2018, 6:56 pm

hipsterdoofus21 wrote: ↑
April 13th, 2018, 6:44 pm
On the bright side Tim got 4 years of ~300k when he had no other head coaching offers and likely limited assistant opportunities. He got a chance to be a D1 head coach and earn his place in the profession. A chance many never get and would give almost anything to have. Barnes screwed up, Doggett screwed up and Tim was once again caught off guard by something even us lowly message boarders saw well ahead of time.
Amen. Great summarization of what's going on here. That seems to have happened plenty of times of Duryea's tenure. I can't believe he's going to come away from this bitter towards USU and thinking USU owes him something and he got screwed over.

It looks pretty bad to me on his end that in his own contract with all that at stake he didn't pick up on that, or that he didn't even hire someone who was smart enough to pick up on it.

Tim scratching at his head wondering what happened does seem to be a pattern with him.

dogie · Post by **dogie** » April 13th, 2018, 7:44 pm

gomretat wrote: ↑
April 13th, 2018, 5:53 pm
You call it what you want. Very embarrassing for me. I do business all over the world and have for years. This is bush league in every way. Disgusting to a person who gave that many years of his life to USU. Pathetic.

I don’t think there is anything pathetic about it. The very first provision specifically says it ends on June 30, 2019. It’s hard to come back now and say it ends on June 30, 2020.

USUBlue · Post by **USUBlue** » April 13th, 2018, 7:45 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:19 pm

USUBlue wrote: ↑
April 13th, 2018, 7:12 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:06 pm
Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...
You couldn’t be more wrong. There is no conflict in the contract. Just the opposite, the contract is very specific as to term and dates. Parole evidence is not a substitute for specific language in the contract Without the finding of an ambiguity as to that, And will not be admissible in a court. Also there is no malpractice. There is no duty for USU to see a contract as another side wanted it to be seen. Utah State will prevail on this, and. Duryea will moan and make excuses very similar to how he coached.
The contract states it is to run for a term of five years, then states a term that is not five years. That is patent ambiguity, my friend. You can't create an ambiguity under the law when a contract can be read consistently within the 4 corners of the contract. In this case, USU has a fiscal year starting in July. With Duryea's contract starting in March, it was to be performed over 5 different fiscal years. More specifically, the exact dates of the contract were included to eliminate confusion and ambiguity.

I’m assuming USU attorneys prepared the contract, not Duryea’s attorney.

So, yeah, since ambiguity in contracts is construed against the drafting party, it IS USU’s responsibility to make sure the term is clear. Under Utah law, there is no longer a presumption against the drafting party.

Duryea’s case is not terrible based on the limited info before me. Duryea's case is terrible as it relates to term. But as it relates to payment of benefits and no offset for mitigation, he could be in better shape. Duryea's benefits (401k, insurance, disability, retirement, etc.) are all very lucrative and could be worth up to half of his base compensation. The Contract is silent as to how to handle those issues, and as to offsetting mitigated compensation.

This will be settled, but Duryea won't be getting a 5th year of base compensation paid.

ineptimusprime · Post by **ineptimusprime** » April 13th, 2018, 7:53 pm

USUBlue wrote: ↑
April 13th, 2018, 7:45 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:19 pm

USUBlue wrote: ↑
April 13th, 2018, 7:12 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:06 pm
Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...
You couldn’t be more wrong. There is no conflict in the contract. Just the opposite, the contract is very specific as to term and dates. Parole evidence is not a substitute for specific language in the contract Without the finding of an ambiguity as to that, And will not be admissible in a court. Also there is no malpractice. There is no duty for USU to see a contract as another side wanted it to be seen. Utah State will prevail on this, and. Duryea will moan and make excuses very similar to how he coached.
The contract states it is to run for a term of five years, then states a term that is not five years. That is patent ambiguity, my friend. You can't create an ambiguity under the law when a contract can be read consistently within the 4 corners of the contract. In this case, USU has a fiscal year starting in July. With Duryea's contract starting in March, it was to be performed over 5 different fiscal years. More specifically, the exact dates of the contract were included to eliminate confusion and ambiguity.

I’m assuming USU attorneys prepared the contract, not Duryea’s attorney.

So, yeah, since ambiguity in contracts is construed against the drafting party, it IS USU’s responsibility to make sure the term is clear. Under Utah law, there is no longer a presumption against the drafting party.

Duryea’s case is not terrible based on the limited info before me. Duryea's case is terrible as it relates to term. But as it relates to payment of benefits and no offset for mitigation, he could be in better shape. Duryea's benefits (401k, insurance, disability, retirement, etc.) are all very lucrative and could be worth up to half of his base compensation. The Contract is silent as to how to handle those issues, and as to offsetting mitigated compensation.

This will be settled, but Duryea won't be getting a 5th year of base compensation paid.

Seems like I struck a nerve—are you the attorney that drafted this?

Does the contract define the term “year” to mean “fiscal year?” Honest question. I’ve only looked at the provision at issue.

You are correct this will be settled for some lesser amount.

I am an attorney, though not in Utah.

USUBlue · Post by **USUBlue** » April 13th, 2018, 7:56 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:53 pm

USUBlue wrote: ↑
April 13th, 2018, 7:45 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:19 pm

USUBlue wrote: ↑
April 13th, 2018, 7:12 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:06 pm
Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...
You couldn’t be more wrong. There is no conflict in the contract. Just the opposite, the contract is very specific as to term and dates. Parole evidence is not a substitute for specific language in the contract Without the finding of an ambiguity as to that, And will not be admissible in a court. Also there is no malpractice. There is no duty for USU to see a contract as another side wanted it to be seen. Utah State will prevail on this, and. Duryea will moan and make excuses very similar to how he coached.
The contract states it is to run for a term of five years, then states a term that is not five years. That is patent ambiguity, my friend. You can't create an ambiguity under the law when a contract can be read consistently within the 4 corners of the contract. In this case, USU has a fiscal year starting in July. With Duryea's contract starting in March, it was to be performed over 5 different fiscal years. More specifically, the exact dates of the contract were included to eliminate confusion and ambiguity.

I’m assuming USU attorneys prepared the contract, not Duryea’s attorney.

So, yeah, since ambiguity in contracts is construed against the drafting party, it IS USU’s responsibility to make sure the term is clear. Under Utah law, there is no longer a presumption against the drafting party.

Duryea’s case is not terrible based on the limited info before me. Duryea's case is terrible as it relates to term. But as it relates to payment of benefits and no offset for mitigation, he could be in better shape. Duryea's benefits (401k, insurance, disability, retirement, etc.) are all very lucrative and could be worth up to half of his base compensation. The Contract is silent as to how to handle those issues, and as to offsetting mitigated compensation.

This will be settled, but Duryea won't be getting a 5th year of base compensation paid.

Seems like I struck a nerve—are you the attorney that drafted this?

Does the contract define the term “year” to mean “fiscal year?” Honest question. I’ve only looked at the provision at issue.

You are correct this will be settled for some lesser amount.

I am an attorney, though not in Utah.

Nope not involved with this contract, but I have been on the other side of contracts with Utah State in the past. Duryea's contract is a little too simplistic for me -- probably due to Barnes on the way out, Duryea being too naïve, and the good 'ole boy approach at USU not expecting more. Hiring Duryea was a mistake from all sides from the beginning. Glad it's over.

ineptimusprime · Post by **ineptimusprime** » April 13th, 2018, 7:59 pm

USUBlue wrote: ↑
April 13th, 2018, 7:56 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:53 pm

USUBlue wrote: ↑
April 13th, 2018, 7:45 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:19 pm

USUBlue wrote: ↑
April 13th, 2018, 7:12 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:06 pm
Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...
You couldn’t be more wrong. There is no conflict in the contract. Just the opposite, the contract is very specific as to term and dates. Parole evidence is not a substitute for specific language in the contract Without the finding of an ambiguity as to that, And will not be admissible in a court. Also there is no malpractice. There is no duty for USU to see a contract as another side wanted it to be seen. Utah State will prevail on this, and. Duryea will moan and make excuses very similar to how he coached.
The contract states it is to run for a term of five years, then states a term that is not five years. That is patent ambiguity, my friend. You can't create an ambiguity under the law when a contract can be read consistently within the 4 corners of the contract. In this case, USU has a fiscal year starting in July. With Duryea's contract starting in March, it was to be performed over 5 different fiscal years. More specifically, the exact dates of the contract were included to eliminate confusion and ambiguity.

I’m assuming USU attorneys prepared the contract, not Duryea’s attorney.

So, yeah, since ambiguity in contracts is construed against the drafting party, it IS USU’s responsibility to make sure the term is clear. Under Utah law, there is no longer a presumption against the drafting party.

Duryea’s case is not terrible based on the limited info before me. Duryea's case is terrible as it relates to term. But as it relates to payment of benefits and no offset for mitigation, he could be in better shape. Duryea's benefits (401k, insurance, disability, retirement, etc.) are all very lucrative and could be worth up to half of his base compensation. The Contract is silent as to how to handle those issues, and as to offsetting mitigated compensation.

This will be settled, but Duryea won't be getting a 5th year of base compensation paid.

Seems like I struck a nerve—are you the attorney that drafted this?

Does the contract define the term “year” to mean “fiscal year?” Honest question. I’ve only looked at the provision at issue.

You are correct this will be settled for some lesser amount.

I am an attorney, though not in Utah.
Nope not involved with this contract, but I have been on the other side of contracts with Utah State in the past. Duryea's contract is a little too simplistic for me -- probably due to Barnes on the way out, Duryea being too naïve, and the good 'ole boy approach at USU not expecting more. Hiring Duryea was a mistake from all sides from the beginning. Glad it's over.

Well we’re both in agreement that Duryea should have never been hired.

tkmad · Post by **tkmad** » April 13th, 2018, 8:26 pm

USUBlue wrote: ↑
April 13th, 2018, 7:45 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:19 pm

USUBlue wrote: ↑
April 13th, 2018, 7:12 pm

ineptimusprime wrote: ↑
April 13th, 2018, 7:06 pm
Not the biggest Duryea fan, but curious how people here are finding a contract that internally contradicts itself on the duration of the term is anything but ambiguous.

I’d assume this was drafted by USU attorneys. They should probably notify their malpractice carriers if they haven’t already...
You couldn’t be more wrong. There is no conflict in the contract. Just the opposite, the contract is very specific as to term and dates. Parole evidence is not a substitute for specific language in the contract Without the finding of an ambiguity as to that, And will not be admissible in a court. Also there is no malpractice. There is no duty for USU to see a contract as another side wanted it to be seen. Utah State will prevail on this, and. Duryea will moan and make excuses very similar to how he coached.
The contract states it is to run for a term of five years, then states a term that is not five years. That is patent ambiguity, my friend. You can't create an ambiguity under the law when a contract can be read consistently within the 4 corners of the contract. In this case, USU has a fiscal year starting in July. With Duryea's contract starting in March, it was to be performed over 5 different fiscal years. More specifically, the exact dates of the contract were included to eliminate confusion and ambiguity.

I’m assuming USU attorneys prepared the contract, not Duryea’s attorney.

So, yeah, since ambiguity in contracts is construed against the drafting party, it IS USU’s responsibility to make sure the term is clear. Under Utah law, there is no longer a presumption against the drafting party.

Duryea’s case is not terrible based on the limited info before me. Duryea's case is terrible as it relates to term. But as it relates to payment of benefits and no offset for mitigation, he could be in better shape. Duryea's benefits (401k, insurance, disability, retirement, etc.) are all very lucrative and could be worth up to half of his base compensation. The Contract is silent as to how to handle those issues, and as to offsetting mitigated compensation.

This will be settled, but Duryea won't be getting a 5th year of base compensation paid.

I've read the contract a few times and all I can conclude is that it was poorly written. The dates still confused me. The start date and end date are some 4 years and one month apart. But the end date is June of 2019 and that's where I get lost. Given that he was fired March 2018, 15 months before the end of his contract. Assuming he's paid monthly, he would still be getting his monthly paycheck until June 2019, right?

tkmad · Post by **tkmad** » April 13th, 2018, 8:29 pm

Put another way, looks clear like he should receive a total 49 months of payments from that contract.

USUBlue · Post by **USUBlue** » April 13th, 2018, 8:33 pm

tkmad wrote: ↑
April 13th, 2018, 8:29 pm
Put another way, looks clear like he should receive a total 49 months of payments from that contract.

Actually late Mar. 2015 through end of June 2019 is about 51 months. I would imagine USU will continue to pay Duryea as usual until the end of June 2019, unless there is a global settlement.

usufan5477 · Post by **usufan5477** » April 13th, 2018, 8:47 pm

I have said this before. I have only met Duryea twice and hardly know the guy. I got knowledge about this from another person. It was about third hand but they were sure it was accurate. I am a USU fan whoever is coaching the team and will root for Smith to do well. As all of you know I just don't think you fire a guy who has good young players after 3 years will all the injuries as well. With that said it is time to move on. The agreement was for 5 years. Barnes even said so. I think it is a huge slap in the face to a guy who gave 17 years of his life to this program. They have every right to fire him and hire a new coach. They just need to be upright about it and pay him what he is owed. I am embarrassed as a USU fan about this. Doesn't make us look good at all. Seems like it is very shady of USU to do this.

tkmad · Post by **tkmad** » April 13th, 2018, 9:01 pm

USUBlue wrote: ↑
April 13th, 2018, 8:33 pm

tkmad wrote: ↑
April 13th, 2018, 8:29 pm
Put another way, looks clear like he should receive a total 49 months of payments from that contract.
Actually late Mar. 2015 through end of June 2019 is about 51 months. I would imagine USU will continue to pay Duryea as usual until the end of June 2019, unless there is a global settlement.

Right...I left a couple months out there. See, reading contracts is tough!

So is Duryea and his wife arguing they should be getting a full 5 years (60 months)?

USUBlue · Post by **USUBlue** » April 13th, 2018, 9:08 pm

usufan5477 wrote: ↑
April 13th, 2018, 8:47 pm
I have said this before. I have only met Duryea twice and hardly know the guy. I got knowledge about this from another person. It was about third hand but they were sure it was accurate. I am a USU fan whoever is coaching the team and will root for Smith to do well. As all of you know I just don't think you fire a guy who has good young players after 3 years will all the injuries as well. With that said it is time to move on. The agreement was for 5 years. Barnes even said so. I think it is a huge slap in the face to a guy who gave 17 years of his life to this program. They have every right to fire him and hire a new coach. They just need to be upright about it and pay him what he is owed. I am embarrassed as a USU fan about this. Doesn't make us look good at all. Seems like it is very shady of USU to do this.

Nope, contracts are in writing with integration clauses for a purpose -- so we don't have to listen to what "people thought".
It looks like Duryea did just as bad of job reviewing his own contract, as he did running the BBall program. Lots of excuses and injuries. The slap in the face was to the fans in ever hiring Duryea as the coach.

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