Wind farm property owner liability: liens filed in Nova Scotia
On Tuesday we ran a story on liens being placed on title for property owners associated with the wind power project on Manitoulin Island–we are aware that this is happening in other places in Ontario too, but don’t have the documents. Here is a story now from Nova Scotia on property owner liability when a wind “farm” developer doesn’t pay debts.
South Canoe wind farm faces second lawsuit
N.B. company claims it’s owed $323,000 for work on South Canoe
A New Brunswick-based rebar installer has filed another lawsuit against the 34-turbine South Canoe wind farm over alleged unpaid bills.
Acadia Rebar of Saint-Leolin, N.B., launched the action in Nova Scotia Supreme Court on Tuesday, saying it is owed $323,000. The suit names contractors and subcontractors working on the $200-million wind farm, which is under construction near New Ross, Lunenburg County.
The project’s majority partners, Minas Basin Pulp & Power and Oxford Frozen Foods, and minority partner Nova Scotia Power are also included in the action. In addition, turbine supplier Acciona Windpower North America is named, as are site landowners.
Last week, Acadia Rebar launched a similar action, claiming it’s also owed $550,000 due to extra costs caused by changes to its contract. The changes stemmed from delays installing turbine bases, the company says. According to court documents, Acadia Rebar was hired by another subcontractor, Olympic Metals Ltd., a Caraquet, N.B., steel fabricator. Olympic was working for Zutphen Contractors of South Mabou in Cape Breton, the filings say.
Besides asking the court to order payment, Acadia Rebar has also filed a lien against the properties on which the wind farm is located.
A South Canoe spokeswoman said Wednesday the project is aware of the lawsuits and will be respecting the legal process underway between the subcontractors.
“We will let the process take its course and remain hopeful for a resolution between the parties involved,” Mary-Frances Lynch said.
South Canoe missed a Jan. 1 deadline for supplying electricity to Nova Scotia Power. The project, which will become the province’s largest wind farm, is now slated to be operational by April. Lynch said there are now 24 turbines on site and in various stages of assembly.