Chief Judge Ramona V. Manglona of the District Court of the NMI previously granted USA Fanter’s mechanic’s lien petition against IPI.
According to an online legal dictionary, a mechanic’s lien is “a guarantee of payment to builders, contractors, and construction firms…. The lien ensures that [they] are paid before anyone else in the event of a liquidation.”
USA Fanter, through attorney Colin Thompson, is now requesting the court to grant its motion for partial summary judgement in the amount established through the mechanic’s lien hearings.
After holding a bench trial from June 24 to 29, Judge Manglona issued her findings of fact and conclusions of law, saying that by a preponderance of evidence, she found USA Fanter entitled to a mechanic’s lien in the amount of $2,089,345.28.
Thompson said USA Fanter and IPI entered into a construction contract, but IPI has only paid $300,000 under the terms of the construction contract.
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.
“The evidence in the record makes clear that IPI executed the construction contract promising to pay USA Fanter for work completed and materials supplied to the project, and IPI breached its obligations to make required payments,” the lawyer said.
“IPI’s breach of the construction contract has resulted in damages to USA Fanter,” he added.
