Tuesday, February 28, 2012

Legal Trouble For Howard Wind Project

WLEA/WCKR News has learned that over two dozen mechanic liens have been filed against Howard Wind LLC and some Howard landowners, for over a million and a half dollars. Howard Wind is connected to Everpower Wind, a wind company with offices in New York City and Pittsburgh.

Documents from the Steuben County Clerk’s office show that a contractor from Michigan is complaining that his construction company was allegedly not paid by the wind company for helping construct the wind project in Howard between July and October of 2011.

The contractor has filed liens on the land for the project, which includes private landowners involved with the Howard wind project.

Four of those who have liens against them are/were town officials, and one is a sibling of a town official.

Dan Lagiovane, the project communications manager for wind company Everpower sent us the following email statement:

"We are making timely payments to Delaney. We have also met all our obligations to all of our landowners and to the Town. We are solvent and this dispute will have NO impact on the operation of the wind farm and future payments to the landowners and the Town."

12:32pm UPDATE:

Kevin Sheen of Everpower has issued the following statement:

This is an issue involving a dispute between two of the subcontractors for the Howard Wind Project. The two subcontractors are engaged in a disagreement over payments for work completed. They haven’t been able to come to an agreement so one of the subcontractors, SPE Electric, unilaterally decided to begin placing liens on all of the property owners that are part of the Howard Wind Project.

As part of our agreement with our general contractor, Delaney, they are obligated to reach an agreement with this subcontractor and if they cannot reach an agreement, Delaney will have to discharge the liens against the property owners. Delaney has assured Howard Wind that they diligently addressing this issue and will be filing a bond to discharge the liens as soon as possible. Howard Wind is working very hard with Delaney to make sure the liens filed against the landowners are removed as soon as possible and that no other liens are filed.

It is also important to note that Howard Wind is not involved in any way with this dispute. We are making timely payments to Delaney. We have also met all our obligations to all of our landowners and to the Town. We are solvent and this dispute will have NO impact on the operation of the wind farm and future payments to the landowners and the Town.

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