By Jacob Nakamura
(Tumon, Guam) Construction company USA Fanter Corporation is suing Imperial Pacific International (CNMI), LLC for $2.1 million that IPI allegedly failed to pay the contractor for the landscaping of its Garapan hotel-casino.
"USA Fanter stopped work on this project because IPI refused to pay the amount owed to USA Fanter for work completed under the construction contract," the suit alleges in Civil Case No. 20-0003 in the District Court of the Northern Mariana Islands.
This is the latest in a string of civil suits from contractors that IPI has failed to pay.
Fanter and several of the other companies suing IPI are asking for a mechanic's lien to be placed on the Garapan property that IPI-Best Sunshine International, LLC leased from Commonwealth Investment Company, LLC. The lien effectively will foreclose on the casino's leasehold of the property and award it to the plaintiffs if the casino fails to pay the cash for which the plaintiffs are suing.
Fanter states in its suit that IPI entered into a written contract for construction services on June 18, 2019. The company began its work two days later. Fanter states that it has lived up to its terms of the contract, but that IPI has failed to make payments for the completed work.
After months of demands, Fanter issued a Notice of Termination on January 27, 2020. "USA Fanter repeatedly demanded that IPI pay all amounts due and owing for work performed pursuant to the Contract," the suit states.
As part of Fanter's request for relief of damages, Fanter asks:
"For an order against Imperial Pacific International (CNMI), LLC for the real property interests to which the mechanic's lien is attached be sold in accordance with law, and the proceeds of the said sale be applied to the payments of the balance due upon the judgment."