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Contractor files $2.08M suit vs. IPI
A contractor filed a lawsuit in federal court against Imperial Pacific International (CNMI) LLC last Thursday for allegedly refusing to pay $2,089,345 over landscaping improvements for IPI’s hotel-casino project in Garapan.
USA Fanter, through counsel Colin M. Thompson, sued IPI for breach of contract and unjust enrichment.
USA Fanter wants IPI held liable to pay $2.08 million in contract damages, and is also seeking payment for interest and attorney’s fees.
It also asked the court to attach a mechanic’s lien to IPI’s interests in the real property on the project.
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.
The contractor wants IPI’s real property interests in the Garapan project to be sold and the proceeds of the sale be used to pay it.
Thompson stated in the complaint that USA Fanter terminated its contract with IPI last Monday and that the contractor repeatedly demanded that IPI pay all amounts due and owing for work performed, but IPI failed to pay.
The lawyer said the plaintiff invoked the dispute resolution clause in the contract after IPI refused to negotiate in good faith.
Thompson said that last Dec. 29, USA Fanter demanded to mediate their claims, but IPI refused.
USA Fanter and IPI executed the contract for the project on June 18, 2019.
