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Alleged non-payment of tow services prompts suit
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Posted on Apr 02 2009
A company filed yesterday a lawsuit in federal court against a Guam corporation for allegedly refusing to pay for harbor operation services.
Mid Pacific Salvage Inc. sued the International Bridge Corp. for breach of contract.
Mid Pacific, through lawyer Timothy H. Bellas, asked the U.S. District Court for the NMI to order International Bridge to pay $101,512.41 in compensatory damages. The plaintiff also demanded interest, attorney’s fees, and court costs.
Bellas stated in the complaint that on Dec. 31, 2003, Mid Pacific and International Bridge executed a charter hire agreement for services to be performed in early 2004. The services were to begin on Saipan, going to Wake Island, and back to Saipan.
In order to perform the services, Bellas said, Mid Pacific provided a harbor motor tug named Lady Mariana. In addition, the lawyer said, Mid Pacific provided a master and four crewmen.
Bellas said International Bridge provided a seagoing motor tug named June T, and a barge named Martha E, originating from Guam.
Under the understanding, the larger June T would tow the Lady Mariana as well as the barge to Wake Island and back to Saipan.
Mid Pacific rendered the services from Jan. 6, 2004, to Feb. 21, 2004.
Bellas said the total cost for the services was $191,512.41. Bellas said International Bridge made only one partial payment of $50,000 on May 21, 2004.
International Bridge, the lawyer said, performed crane services for one of plaintiff’s clients on Oct. 31, 2005, in the amount of $40,000. This amount, Bellas said, was also deducted from total now due and owing to Mid Pacific.
“Plaintiff has made numerous demands for payment from International Bridge and it has refused and continues to refuse to make payment to plaintiff,” he said.
As of the filing of the suit, Bellas said, International Bridge owed the plaintiff $191,512.41 minus $90,000 equals $101,512.
By the terms of the agreement, the lawyer said, plaintiff provided the Lady Mariana, a master and four crewmen to International Bridge for a harbor operation in Wake Island.
In February 2004, Bellas said, defendant breached the agreement by failing to pay for the services rendered.
