DISTRICT Court for the NMI Chief Judge Ramona V. Manglona has placed under advisement the request of USA Fanter Corporation to grant its summary judgment motion and enter a final judgement order in the amount of $2,089,345.28 against Imperial Pacific International, LLC in the breach of contract lawsuit.
At a hearing last Thursday, Judge Manglona told the parties that she will issue a written decision.
In a previous order last September 2020, Judge Manglona granted USA Fanter’s mechanic’s lien petition against IPI.
Judge Manglona after holding a bench trial from June 24 to June 29 issued her findings and of fact and conclusions of law and by preponderance of the evidence, found USA Fanter entitled to a mechanic’s lien in the amount of $2,089, 345.28.
A mechanic’s lien refers to a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property.
USA Fanter through attorney Colin Thompson requested the court to grant its motion for partial summary judgment in the amount established through the mechanic’s lien hearings.
Thompson said, the court found that USA Fanter and IPI entered into a construction contract and that IPI did not pay the full amount due to USA Fanter under the construction contract for labor and material provided for the improvement of real property.
IPI has not paid in full the cost of the construction material of the improvement of real property and has only paid USA Fanter $300,000.00 under the terms of the construction contract, he added.
Thompson said USA Fanter restates its claims as a matter upon which there is no genuine issue of fact and therefore, USA Fanter is entitled to summary judgement in the amount of $2,089,345.28.
Thompson said USA Fanter has met its burden.
“IPI’s breach of the construction contract has resulted in damages to USA Fanter,” Thompson added.
According to the lawsuit, IPI engaged USA Fanter to construct landscaping builder works improvements of the project.
“IPI fell behind on paying invoices from USA Fanter because IPI did not paythe agreed down payment. Despite IPI’s promises to pay, IPI failed to make payments required under the contract. USA Fanter had no choice but to stop work on the Project, terminate theconstruction contract, and pursue IPI for amounts owed,” the lawsuit stated.
USA Fanter has satisfied its contractual obligations under the contract thereby obligating IPI to pay USA Fanter the price IPI agreed to pay pursuant to the terms in the contract including, inter alia, furnishing materials and labor to the project, Thompson added.
