Winzy Corp.\u2019s lawyer said the general maintenance and repair company completed 95% of the work under its contract with Imperial Pacific International (CNMI), LLC and the reason it didn\u2019t finish the remaining 5% was because it \u201cbecame tired\u201d of waiting for IPI to pay its bills.<\/p>\n
In a response filed in the U.S. District Court for the NMI last May 10, lawyer Mark Scoggins, who represents Winzy Corp. in its breach of contract lawsuit against IPI, addressed the claims made in Poon\u2019s declaration of support of IPI\u2019s motion to vacate entry of default. First, IPI failed to meet the May 3 deadline set by the court to provide evidence of a meritorious defense to the lawsuit, Scoggins said. Second, even if IPI made the May 3 deadline, IPI still has not shown that it \u201cmight have a defense to this matter.\u201d <\/p>\n
In Poon\u2019s declaration, he mentions the Feb. 18, 2020, contract between IPI and Winzy Corp. and the alleged details that made Poon conclude that, to the best of his knowledge, Winzy\u2019s work was \u201cshort of full completion and certification.\u201d However, Winzy maintains that Poon\u2019s declaration \u201ccontains very little in the way of new, substantive information.\u201d Firstly, there should no longer be any dispute in regards to the validity of the contract, its terms, or the price, Winzy said. Secondly, Winzy has previously explained to the court that the $162,925 in non-payments it is suing IPI for represents the cost of approximately 95% of the required work completed by Winzy that IPI has not paid for at all. <\/p>\n
\u201cWinzy therefore agrees with IPI that Winzy\u2019s work was short of full completion, but this does not mean that IPI has shown a meritorious defense,\u201d Winzy\u2019s May 10 response states. <\/p>\n
The portion of Poon\u2019s declaration that Winzy responded to involved Poon\u2019s claims about Roger Deducin\u2019s alleged last documented site visit on May 27 last year. Winzy maintains that\u2014 from mid-February up to when Winzy quit working on the project due to IPI\u2019s non-payment in mid-August\u2014 Deducin, along with at least four other Winzy employees, were at the project site every business day, and that Deducin provided written monthly reports on work progress to the CNMI Department of Fire and Emergency Medical Services. <\/p>\n
Copies of those written reports were always shared with IPI, and Winzy maintains that Deducin was present for all construction meetings that were held at least once a month. Winzy further claims that IPI construction director Jing Zhou and Poon himself were present at these monthly meetings as well. Additionally, Winzy claims that numerous IPI employees and representatives, including IPI engineers Jojie Montenegro and Kelvin Ng, were aware that there were people from Winzy at the project site every day from Feb. to Aug. 2020. <\/p>\n
Winzy\u2019s May 10 response concluded by saying that Winzy was on site and performed 95% of the work it had agreed to perform until it \u201cbecame tired\u201d of waiting for IPI to pay its bills. Winzy maintains that IPI has still not provided any meaningful evidence to dispute the percentage or the $162,925 it owes Winzy, and as such the motion to set aside the entry of default should be denied. <\/p>\n","protected":false},"excerpt":{"rendered":"
Winzy Corp.\u2019s lawyer said the general maintenance and repair company completed 95% of the work…<\/p>\n","protected":false},"author":55,"featured_media":330355,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[12497],"class_list":["post-344066","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-local-news","tag-ipi"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/344066","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/55"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=344066"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/344066\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media\/330355"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=344066"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=344066"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=344066"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}