Ads by Google Ads by Google

ASG sues Casamar, citing breach of contract

The American Samoa Government has filed a lawsuit against Casamar Inc for breach of contract. The ASG suit was filed last month few days after Casamar sued ASG, Port Director Taimalelagi Dr Claire Tuia Poumele (in her individual capacity) Purse Seine Samoa, Greg Stuart and others for damages for declaratory relief, trespassing, and breach of lease among other charges.

 

According to ASG’s suit against Casamar, on Mar. 1, 2008, Casamar entered into an agreement with ASG, where Casamar agreed to use the leased premises of ASG property only and exclusively for the manufacture and repair of purse seiner nets, service to purse seiners or businesses that are consistent with land use policies governing the Pago Pago Port Facilities.

 

The complaint says that ASG is informed and believed that Casamar has not manufactured or repaired purse seiner nets nor provided the service since May 2014. And per the agreement, Casamar is in default, and was given a period of thirty days after receipt of notice of default to remedy the situation. If not, ASG may unilaterally and without litigation cancel the lease by written notice, according to the agreement.

 

The complaint alleges that on Sept. 19, 2014 ASG through Department of Port Administration Proper and Leasing Manager Muliaga Gus Godinet sent a request to Casamar’s then CEO, to voluntarily terminate its lease since ASG said Casamar had not utilized the leased premises to provide net repair services for approximately six months.

 

It further alleges that Casamar responded on the same day stating that the net yard would be completely operational by Oct. 15, 2014, however by Dec. 11, 2014 that did not happen, says the government complaint.

 

ASG on Dec.11, 2014 then sent a notice of default and termination to Casamar for failing to use the premises as required by the lease — by not providing net repair services and the said notice provided 30 days to cure default.

 

By December 30, 2014 Casamar though email from its counsel Roy Hall Jr claimed that it was fully operating the Casamar net yard. ASG’s investigation, however, revealed that Casamar had not fully operated a net yard but merely cleaned up the yard and attempted to repair its machinery that was in disrepair. 

 

On Jan. 20, 2015 ASG sent Casamar notice of termination as Casamar had not cured the default and was still unable to conduct permissible use under the lease.

 

Casamar was given till Jan. 26, 2015 to vacate the premises.

 

ASG is asking the court for judgment against Casamar for entry of judgment of possession of the premises, attorney fees and costs of suit and other relief as the court may deem proper.