BMW Corp. and BMW Construction through attorney S. Joshua Berger filed the complaint of breach of contract against Janet Maratita of Dandan, Saipan.
The plaintiff is asking the Superior Court to order the defendant to pay damages in the amount of $7,758.20, for pre-judgment interest of 9 percent per annum, and for the costs and other relief as the court deems just and proper.
BMW stated that the defendant entered into a contract with the plaintiff for a house renovation project amounting to $7,575 on Feb. 20, 2006.
The defendant again entered into another contract with the plaintiff on March 13, 2006 for the construction of a retaining wall and outside pala-pala.
Berger said that as part of the two contracts, the defendant purchased some materials for the construction work and the costs were credited to the account.
Berger said the defendant also paid $4,575 toward the balance of the house renovation contract.
But the defendant still owes a total of $7,758.20 and is in breach of her contract with the plaintiff, he said.
BMW Corp. submitted a proposal for house renovation to the defendant on Feb. 20, 2006 in compliance with her request. The proposal contained terms and conditions, including a payment schedule which required 50 percent downpayment to purchase all the necessary materials, and the balance was supposed to be paid per progress billing per accomplishment. The project duration was set for 21 days.
Berger said the plaintiff again submitted a proposal for the construction of retaining wall and outside pala-pala to the defendant on March 10, 2006.
Under the proposal, the defendant agreed to buy all the materials and she would deduct the purchases from the agreed contract amount while the balance would be paid on a bi-monthly basis for three consecutive months. The defendant accepted and approved both proposals.
Berger said that on July 23, 2007, the plaintiff sent a follow-up on demand payment dated Oct. 25, 2006 for the total renovation of the defendant’s three-bedroom house which was completed in April 2006.
The defendant has 20 days to answer the complaint.
