A builder who was paid $108,000 to construct a district council administration office in Savaii and still hasn’t done so after a year, has obtained a lawyer for a lawsuit against him. 

Afualo Lelea Fauatea also known as Lelea Fatu and owner of the KJA Contractors was represented by lawyer Faimalomatumua Mathew Lemisio. 

The Salega No.1 district council initiated the legal proceeding alleging breach of contract against the builder after a 90 percent deposit for the construction project. 

The case was called during civil mention on Monday and Faimalo told the Court he needed four weeks to file a statement of defence noting he just obtained a lawyer. 

The matter has been adjourned until 16 September for the defendant to file the statement of defence. 

The Member of Parliament for Salega No.1 and chairman for the district council, Fepuleai Faimata Sua was present in Court for the case. 

He previously told the media that the matter has been resolved and the builder had agreed to settle the money owed. 

According to the statement of claim, more than a year later from the day the money from the $1 million development grant was deposited in Afualo’s account no work has been done. 

The money paid to the builder of Falelima Savaii and Vaimoso covers the supply of materials and labour. 

In 2022 the district council of Salega No.1 received $200,000 from the government as part of its $1 million community development initiative to build the administrative office within the district. 

On 2 January 2023, the defendant Afualo Lelea submitted the quotation for designing and building the Salega No.1 office for $120,000. 

The remaining 10 per cent was to be paid upon completion of the project, estimated to take 16 weeks. 

On 30 January 2023, Salega No.1 received an invoice from the defendant being a claim of 90 per cent for the total project cost. 

The statement of claim noted the M.P. signed the invoice to confirm payment of the invoice deposit. 

Furthermore, it stated a dispute relating to the customary land at Faia’ai where the project was to be carried out delaying the commencement of the work.   

Fepuleai subsequently informed the defendant that the land dispute had been resolved and to start the project. 

Despite the plaintiff’s various requests to the defendant to commence the project, the defendant failed.

However, the district council later discovered that the builder was working in American Samoa and M.P. Fepuleai traveled to the territory in November 2023 to meet with him.  

The statement of claim noted the district council through Fepuleai requested the defendant to return to Samoa to commence the project since the deposit had been made.  

To date, he has allegedly failed to commence the project despite having been paid the deposit. 

The district council of Salega No.1 noted that it had incurred costs totaling $5000 for pursuing the matter and finding a lawyer to pursue the case and lodge a departure prohibition order against him.