A legal dispute between a district council and a builder who received payment to build the administration office but did not is heading to mediation. 

The case initiated by the Salega No.1 district council against builder Afualo Lelea Fauatea also known as Lelea Fatu and owner of the KJA Contractors alleged a breach of contract. 

The matter was called before Supreme Court Judge Justice Fepuleai Ameperosa Roma on Monday where Afualo filed a statement of defence to the lawsuit. 

He was represented by Fuimaono Sefo Ainuu on behalf of Faimalomatumua Mathew Lemisio while Fuimaono Sarona Ponifasio is the lawyer for Salega No.1. Ann Matalasi appeared on behalf of Fuimaono Sarona in Court. 

Justice Roma noted the referral of the case to mediation and will be called again on 18 November. 

According to the statement of claims, a year after 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., Fepuleai Faimata Sua 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 travelled 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.