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Tanapag property developer wants HKPA suit dismissed
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Posted on May 04 2021
American Sinopan LLC has asked the U.S. District Court for the NMI to dismiss the complaints filed by H.K. Pangelinan & Associates LLC, which is suing the property developer for alleged breaches of contract and unpaid services amounting to $421,800.
In the motion for dismissal that lawyer Jordan C. Sundell filed yesterday in court on behalf of American Sinopan LLC, it said that American Sinopan’s alleged breaches of contracts that has resulted in American Sinopan supposedly owing HKPA almost $422,000 should be dismissed since HKPA did not attach or refer to the relevant contracts in their complaint and did not provide ample proof that they held up their end of the contracts. Specifically, the motion says HKPA “did not attach the relevant contract or incorporate the relevant provisions by reference” and did not “present specific facts showing that HKPA complied with the contracts and was thus entitled to payment,” so the complaint should be dismissed.
HKPA, an architectural and engineering firm, filed the complaint against American Sinopan last April 9 in federal court, citing multiple breaches of contract, saying it owes $421,800 for unpaid services. The original court documents named Imperial Pacific Real Estate and Hotel Management Company Limited as the sole member of American Sinopan.
In HKPA’s court action, it says that HKPA and American Sinopan had inked two contracts, where HKPA was to provide American Sinopan with “civil engineering, design, drawings, and related permitting services” for the property developer’s Saipan Garden Resort Development project in Tanapag and its Heaven II Development project in Savanna.
