Fire sprinkler firm sues DFEMS chief, fire inspector

A company that installs fire sprinkler systems is suing Department of Fire and Emergency Medical Services Commissioner Claudio K. Norita and a DFEMS fire inspector in federal court for allegedly causing it to lose a contract worth $410,150 when they refused to accept its permit application.

Double A Corp. is suing Norita and fire inspector Anthony Babauta for deprivation of property without due process.

Double A, through counsel Joseph E. Horey, asked the U.S. District Court for the NMI to hold Norita and Babauta liable to pay the company unspecified damages, court costs, and attorney’s fees. It asked for a jury trial.

As of press time, Saipan Tribune was still trying to obtain comments from Norita and Babauta.

Double A is engaged in the construction business with a specialty in fire sprinkler systems and fire suppression.

Babauta is a fire inspector at DFEMS. He is also a fire code official.

According to Horey in the complaint filed last Friday, Double A submitted a quotation to Proper Grand CNMI LLC last Oct. 20, 2017, for a fire sprinkler system installation in a complex of buildings operated by Proper Grand known as Sugar King Dormitory.

Horey said Proper Grand agreed to hire Double A for the project at a price of $410,150.

The arrangement was contingent on DFEMS approving Double A’s plans for the sprinkler system, Horey said.

Double A then applied to Babauta for a permit authorizing it to install the sprinkler system.

Babauta allegedly refused to accept any permit application from Double A, failed to issue the permit sought, and failed to examine the company’s application within a reasonable time.

The fire inspector also allegedly failed to issue any writing stating the reasons for his rejection of the application.

Horey said Double A appealed Babauta’s refusal to accept the company’s application for a permit to Norita.

Horey said Norita also refused to accept any permit application from Double A and failed to state the reasons for his rejection of the application.

As a result, the lawyer said, Double A was unable to obtain a permit from DFEMS authorizing it to install the sprinkler system.

Horey said both Babauta and Norita made comments to Double A indicating that the reason for their refusal to accept any permit from the company was an installation error allegedly committed by the company.

Horey said Norita and Babauta or another person on their behalf, contacted Proper Grand CNMI LLC and advised the company that Double A was not authorized to do any installation work.

As a result of Double A’s inability to obtain a permit from DFEMS authorizing it to install the sprinkler system, the company was unable to perform its installation project agreement with Proper Grand.

Horey said that Proper Grand hired another contractor to install the system.

Horey said Double A lost the $410,150 value of its contract with Proper Grand.

He said Norita and Babauta maintained a list of contractors for whom they will grant permits to install.

The lawyer said the defendants have consciously excluded Double A from that list and, as a result, the company is unable to engage in its business of fire sprinkler installation and fire suppression.

Horey said the defendants have effectively “blacklisted” Double A y and “deprived the company of its liberty to freely contract for lawful business.”