Design firm asks court for writ of execution in default judgment

Through the O’Connor Berman Dotts & Banes’ law firm, Leo A. Daly Company has filed writ of execution against Juan C. Tenorio & Associates, since a final judgment has been entered in the case.

The petition said a judgment was entered on Jan. 18, 2011 in favor of Leo Daly against JC Tenorio in the total amount of $479,919.59.

“Third party defendant [JC Tenorio & Associates] has not paid any amount to [Leo Daly],” the written request stated.

There is no stay of proceedings to enforce a judgment, according to attorney David Banes.

Visiting Judge Michael Mosman directed Juan C. Tenorio Associates, Consulting Engineers to pay Leo A. Daly Company, or LADCO, $479,919.59 in connection with the dialysis center project at the Commonwealth Health Center.

The default judgment included JCT’s “fair apportionment of LADCO’s settlement damages, litigation related costs, expert costs, attorney’s fees incurred for litigation, and prejudgment interest.”

A settlement was reached between LADCO and the CNMI government for a “global resolution of all claims made against LADCO and its sub-consultants by the CNMI” in the amount of $2 million.

LADCO sued JCT.

As part of the settlement, “LADCO retained all rights against its sub-consultants… that the CNMI had or may have against LADCO’s sub-consultants including the civil engineering deficiencies identified by the U.S. Army Corps of Engineers” in  Aug. 2005.

In 2009, the CNMI government sued LADCO for the negligent and deficient design of the dialysis center.

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