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Landscape contractor sues IPI for $2 million

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USA Fanter Corporation is suing Imperial Pacific International for breach of contract and unjust enrichment, and has asked the District Court for the NMI to issue an order awarding the plaintiff $2,089,345.28 in damages.

USA Fanter said it was hired by IPI to construct landscaping improvements for the IPI hotel-casino project in Garapan.

Represented by attorney Colin Thompson, the plaintiff said it stopped work on the project because IPI refused to pay the amount owed for work completed under the construction contract.

Thompson said USA Fanter is entitled to damages in the amount of $2,089,345.28, plus interest, attorney’s fees, and a mechanic’s lien against the real property occupied by the hotel-casino.

Thompson said USA Fanter “endeavored in good faith to resolve this dispute prior to filing this case but IPI refused to honor its obligation.”

According to the lawsuit, on or about June 18, 2019, USA Fanter and IPI executed a written contract.

On or about June 20, 2019, USA Fanter began its work on the project.

Thompson said his client performed all work pursuant to the contract in a safe manner.

Under the contract, he added, USA Fanter is permitted to terminate the contract for convenience.

Thompson said on Jan. 27, 2020, USA Fanter delivered a notice of termination to IPI.

He added that $2,089,345.28 remains due and owing from IPI to USA Fanter for work performed pursuant to the contract.

USA Fanter repeatedly demanded that IPI pay all amounts due and owing for work, but IPI failed to pay USA Fanter for work performed pursuant to the contract, Thompson said.

USA Fanter expressly invoked the dispute resolution clause in the contract after IPI refused to negotiate in good faith, but they were not able to resolve the dispute, the lawyer added.

On Dec. 29, 2019, he said, USA Fanter demanded to mediate its claims, but IPI refused.

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