Wind-farm firm vows to clear liens

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March 27, 2009

By DENISE A. RAYMO The Press Republican Fri May 14, 2010, 07:18 PM EDT

CHATEAUGAY — Nearly 50 liens attached to property whose owners granted easements for wind-farm operations here are expected to be cleared up within 10 days.

Representatives from Noble Environmental Power reportedly are calling each of the impacted families in northern Franklin County to assure them the liens will be gone in about a week.

NON-PAYMENT ALLEGED
The mechanical liens, which are in effect for one year from the date of filing with the Franklin County Clerk's Office, were recorded on March 11 and 24. They involve alleged non-payment for work performed at Noble Chateaugay Windpark LLC for Noble Constructors LLC.

"A mechanic's lien is a statutory tool available to a vendor in a commercial dispute," Noble Communications Associate Maggy Wisniewski said Friday in a statement. "They are a common tool utilized by subcontractors at the end of construction projects.

"In Noble's case, the liens reflect contractor claims that are currently under negotiation. We expect to settle the matters shortly."

LIENS AGAINST LOCALS
According to the paperwork on file in Malone, a Mississippi contractor was not paid $784,693 for electrical materials and equipment that was used between May 13 and Dec. 11, 2008.

Stuart C. Irby Co. filed liens against not only Noble but the three property owners who granted the company easements: Michael Garrow of 7762 U.S. Route 11 in Chateaugay; Domingo Alonso of West Orange, N.J.; and Marjorie Cornell of Pawling and Gary Cornell of York, Pa.

Liens were also filed against 27 property owners by Aristeo Construction Co. of Livonia, Mich., which stated in the legal paperwork that it provided backfill, steel and concrete foundations and erected turbines at sites within the Chateaugay park.

Garrow, Alonso and the Cornells are named in this action, along with several other property owners.

The newest liens against Garrow are for two parcels on U.S. Route 11, totaling $2,116,134; the one for Alonso is on Tourville Road, totaling $1,269,680; and Cornell property on Town Line Road totals $1,269,680.

The other liens from Aristeo Construction Co. are for lands off Curtin Road, Cassidy Road, Merrill Road, Town Line Road, Number Five Road, Lake Road, Higgins Road, Seymour Road, Sancomb Road, Taylor Road, County Line Road (west), State Route 374, Badger Road, Tourville Road and U.S. Route 11.

CALLS FROM NOBLE
Owners say they were reassured by the phone calls from Noble and will wait to see what happens next.

Shari Spaulding said she was called Thursday night. She had not been that concerned about the liens "because Noble has been very good."

She has a lien for $846,453 on her U.S. Route 11 land.

William Jones, whose property on Number 5 Road has been hit with a lien for $423,226, also said he wasn't worried.

"I got a call (Friday) morning from Noble telling me the liens are going to be taken care of in the next 10 days.

"If I had to go out and borrow a lot of money, I'd be worried. But when they called, they said it would be taken care of. They didn't go into detail, but they said they got a large bond and that there are big changes coming."

E-mail Denise A. Raymo at: draymo@pressrepublican.com