Kansas City Current are suing Elite Turf for almost USD 2 million for allegedly pulling a “bait and switch” while installing four of the seven practice fields the club had commissioned.
It is claimed that KC Current retained Monarch Build to construct a training complex for the NWSL organisation in Riverside. Two of the seven practice fields were to be natural grass fields, and pitches 3-7 were set to have artificial turf.
According to the club, in March 2022, they bought turf for one of the pitches directly from Elite Turf. They agreed that Elite would distribute a turf system manufactured by Act Global that was also FIFA-certified. Agreement was made for a price of over USD 500,000.
Six months later, the contractor solicited bids on the club’s behalf for subcontractors to help construct two more pitches. According to the club, “The solicitation made it clear the club expected submitted proposals to include Act Global’s turf system or another system certified by FIFA.”
Instead, the club claims Elite Turf sent a revised bid to Monarch that included an updated sales contract. In that updated contract, Elite “did not disclose to the club or Monarch that, in the time between submitting its original and updated bids, Elite had ceased to be a distributor of Act Global turf products.”
Furthermore, Elite failed to tell Current its updated bid called for Elite’s own turf product to be used in place of Act Global’s.
At the time, neither the club nor the contractor noticed that Elite had switched turf products in its updated bid, claiming in the lawsuit that, at the time, neither the soccer club nor Monarch had expertise in the field of artificial turf products and design. This was only picked up shortly after the installation was completed.
Not FIFA-certified
When questioned by the club and the contractor, Elite Turf admitted that it no longer was a distributor for Act Global. More importantly, it also admitted that the system installed was not a FIFA-certified product.
Tests by third-party testing institute Sports Labs in April this year showed that “the integrity of the fiber is weak. This weakness has and will continue to result in fiber shedding, reduced face weight, poor footing, balding, and loss of overall system integrity on Pitches 4-7,” the lawsuit alleges.
The club also claims that the various surfaces were poorly installed and have seam failures, wrinkling and trapping of fibres, all things the club said will impact the durability, safety, playability and overall appearance of the turf.
It appears that Elite Turf acknowledged both verbally and in writing that defects existed with the turf. In January this year, the company said it would have “no issue fixing any and all issues with field manufacture or installation.” Supposedly, an agreement was reached over the amounts that would not be due when Sports Labs would not conclude that Elite’s turf is “the same or better quality than the Act Global” product “in all material respects.”
Furthermore, an additional USD 1,000 would not be due until such time the product would receive FIFA certification.
However, as none of these fixes ever materialised, the club claims Elite Turf has broken several warranty claims in the contracts agreed to by the organisation.
KC Current, furthermore, claims that Elite threatened the club by stating if the final instalment payment was not made in full, they would consider the club in breach of contract.
The club is now seeking close to USD 2 million in damages.