Drew, Red Sox Reach Agreement — With BoSox Escape Clause
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For those following the J.D. Drew, Red Sox saga since early December when preliminary agreement was announced and then subsequent results of Drew’s physical were revealed.
Both the Boston Herald and Boston Globe are reporting that the sides have reached agreement regarding Drew’s “surgically repaired right shoulder” and it’s possible impact on Drew’s contract should he reinjure the shoulder.
Michael Silverman of the Boston Herald reports on the apparent outcome of subsequent negotiations;
The word from the two camps for some time now is that a resolution to the J.D. Drew [stats]-Red Sox [team stats] saga is just a few days away.
It appears the sides really mean it this time.
According to sources familiar with the contract talks from both sides, the deal could be announced by tomorrow (Friday).
Lawyers on both sides are still reviewing documents but final approval is expected in the very near future.
The deal will grant the Red Sox an out from the five-year contract after three or four years, in case Drew sustains an injury to his surgically repaired right shoulder. If there is no injury, the deal will remain guaranteed for five years,paying Drew a total of $70 million. It is not yet known what the worth of the package would be after just three or four years.What exactly would cause the final year or two to be voided is exactly what has consumed Drew’s agent, Scott Boras, and the Red Sox ever since news of the preliminary agreement was announced on Dec. 5. The club has been concerned that an existing condition in Drew’s shoulder could cause a problem, or that playing baseball would exacerbate the injury, in the latter half of the contract.
Rather than sign the five-year deal anyway and cross their fingers that Drew stays healthy, the Sox have protected their investment with the voidable clause. The clause gives the Sox the option to void the contract if Drew lands on the disabled list with a shoulder problem for an extended period of time. The exact amount of days that would trigger that option is not known, but it’s somewhere between 15 and 40.The Sox cannot void the contract if a shoulder problem occurs in the first two years. If the DL stint occurs in the third year (2009), the Red Sox can void the final two years. If the DL stint occurs in the fourth year (2010), the fifth year can be voided.
It is believed that the clause is general enough that a broad range of baseball-related activities - a throw, a swing -could trigger it, while an independent cause would not.
Voidable contracts, common in football, are quite rare in baseball.
J.D. Drew, suspect right shoulder and all, finally seems to be in the Red Sox fold.
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