Contractor asks court to compel IPI to reimburse $25K in attorney fees

Pacific Rim Land Development LLC, a former contractor of the Imperial Pacific International (CNMI) LLC, has asked the federal court to compel IPI to reimburse the company $25,000 in attorneys’ fees.

Thompson

Pacific Rim, through counsel Colin M. Thompson, said the fees are in connection with U.S. District Court for the NMI Chief Judge Ramona V. Manglona’s recent order granting summary judgment in favor of the company and against IPI.

Thompson said Manglona found undisputed evidence that IPI defaulted on Nov. 15, 2018 when it failed to pay the full amount owed Pacific Rim.

He said the total interest accrued as of April 16, 2020, is $457,481, while the principal owed on the promissory note is $6,383,462. The lawyer said the total due on the promissory note for interest and principal is $6,840,944 as of April 16, 2020.

At a hearing last April 2, Manglona denied IPI’s motion to dismiss Pacific Rim’s lawsuit and granted Pacific Rim’s motion for summary judgment on its claim for breach of promissory note. The judge ordered Thompson to submit a proposal on the fees and interest that IPI is liable to pay.

IPI counsel Joseph Horey was ordered to respond by April 23.

Manglona also stated that she has reconsidered the submission of a certified question with respect to the mechanic’s lien issue and instead will issue an order on Pacific Rim’s lien application.

Pacific Rim is suing IPI and five unnamed alleged co-conspirators for breach of contract (construction and promissory note), and unjust enrichment and alleged non-payment of $5.65 million in construction services.

Pacific Rim claimed to have substantially completed its construction work on Sept. 30, 2018, that the unpaid amount that is owed Pacific Rim is $5.65 million but it wants to collect from IPI approximately $10 million in damages that would be proven at trial.

Pacific Rim also filed an application for a mechanic’s lien on IPI’s hotel-casino project and on the land that it sits on. 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.

In IPI’s motion to dismiss the lawsuit, Horey asserted that there was no mediation yet prior to the filing of the suit and therefore the federal court should dismiss the case.

Thompson