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Wind farm lease liability a concern 

Credit:  By Peter Jackson | Bayshore Broadcasting | December 2, 2015 | www.bayshorebroadcasting.ca ~~

The Past President of the Huron Perth Landowners’ Association is concerned for property owners, now that more legal actions have been brought against wind turbine construction liens in Huron County.

Dave Hemingway tells Bayshore Broadcasting News that six liens totaling more than $32 million had been placed on properties in the St. Columban wind project since June.

He tells us in October when he checked documentation filed with the Superior Court of Justice in Goderich, three legal actions had been initiated.

Hemingway then discovered in November that the number had doubled to cover all six liens.

The province’s Construction Lien Act allows construction contractors to sue for money owed by sub-contractors when a job is left unfinished.

He’s worried that landowners will eventually be held liable under the Act for any debts incurred, if settlements can’t be reached.

Hemingway explains that property owners are listed as defendants in at least three of the actions.

He notes that one case filed in early June lists a turbine sub-contractor as the plaintiff, with 21 landowners, the general contractor, four wind turbine companies and four financial institutions as defendants.

Hemingway repeats his advice to landowners to read carefully any lease agreement presented to them for wind turbine construction, and to seek legal advice when in doubt.

Source:  By Peter Jackson | Bayshore Broadcasting | December 2, 2015 | www.bayshorebroadcasting.ca

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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