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Before the deal could be finalized, the band had to do a live audition for the record company executives.

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While Scholz and Delp were recording new material for the third Boston album, CBS filed a $60 million lawsuit against Scholz, alleging breach of contract for failing to deliver a new Boston album on time.

During this same period, Scholz founded his high-tech company Scholz Research & Development (SR&D), which made amplifiers and other musical electronic equipment.

Despite the adversity, progress continued to be made on the third Boston album.

A tape of one of the songs, "Amanda", leaked out of the studio in 1984.

It was then that the band was named "Boston", by suggestion of Boylan and engineer Warren Dewey.

During the late summer and early fall of 1976, Boston attracted publicity due to the record sales.

This final demo tape attracted the attention of promoters Paul Ahern and Charlie Mc Kenzie. According to Scholz, the managers insisted that Masdea had to be replaced before the band could get a recording deal.

Years later, Delp told journalist Chuck Miller: "[Jim] actually told me he was losing interest in playing drums.

Delayed further by the dispute, Scholz suggested that in the meantime the individual members should work on whatever other projects they might be considering.

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