Legal & Courts  July 26, 2022

Countersuit claims that buyer of airport shuttle service first breached sales contract

BOULDER — Contrary to allegations contained in a lawsuit against Flatirons Transportation LLC and Ross Alexander, it was Eight Black Partnership LLC, BoCo Airport Shuttle LLC and its owner, Simon Chen, who first breached the agreement between the companies involved in the sale of the airport shuttle services in Boulder County, according to a counterclaim.

In an answer and counterclaim to the lawsuit filed July 21, Alexander, through his attorney, Cameron Tyler, said that any damages that Chen and his company sustained were caused by failure to conduct due diligence. Further, the counterclaim alleges that Chen “fabricated a claim that payment terms … were ambiguous” and as a result didn’t make its July payment at the level required.

The background: Chen, the Longmont-based operator of Eight Black Partnership and BoCo Airport Shuttle, said in the lawsuit filed June 24 that Green Ride Boulder and Green Ride Longmont seller Alexander of Boulder did not disclose a settlement agreement Alexander had reached with the U.S. Department of Justice over Americans with Disabilities Act compliance. The DOJ contends that Chen’s company is the successor company and subject to the terms of the undisclosed settlement agreement, the lawsuit said. The agreement with the DOJ may require Chen’s company to buy an ADA-compliant vehicle at a cost of about $100,000.

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The lawsuit also accuses Alexander and the part of the Green Ride company that he retained of poaching employees, even though the sales agreement included a non-solicitation provision.

Finally, the lawsuit asked the court to clarify the promissory-note provisions of the sales agreement, which Chen alleged provided two methods to calculate the monthly payments on the note.

Alexander in his countersuit claims that the payment provisions are clear: 60 months of payments based upon 25% of gross monthly revenue or no less than $15,000 per month.

The counterclaim seeks dismissal of Chen’s lawsuit, enforcement of the sales agreement and a judgment also against Chen personally, who Alexander said executed a personal guaranty on the deal.

Chen previously told BizWest that it would be inappropriate for him to comment and that the case should play itself out in court.

The case is Eight Black Partnership LLC and BoCo Airport Shuttle LLC versus Flatirons Transportation LLC and Ross Alexander. It is case number 2022cv30417 filed in Boulder County District Court.

BOULDER — Contrary to allegations contained in a lawsuit against Flatirons Transportation LLC and Ross Alexander, it was Eight Black Partnership LLC, BoCo Airport Shuttle LLC and its owner, Simon Chen, who first breached the agreement between the companies involved in the sale of the airport shuttle services in Boulder County, according to a counterclaim.

In an answer and counterclaim to the lawsuit filed July 21, Alexander, through his attorney, Cameron Tyler, said that any damages that Chen and his company sustained were caused by failure to conduct due diligence. Further, the counterclaim alleges that Chen “fabricated a claim that…

Ken Amundson
Ken Amundson is managing editor of BizWest. He has lived in Loveland and reported on issues in the region since 1987. Prior to Colorado, he reported and edited for news organizations in Minnesota and Iowa. He's a parent of two and grandparent of four, all of whom make their homes on the Front Range. A news junkie at heart, he also enjoys competitive sports, especially the Rapids.
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