Monthly Lien Law Update: January 2020

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New York Irish Cultural Center Opens Despite Not Being Able to Pay Its Construction Bills

In Mid-2019, construction of the Irish Cultural Center of the Mohawk Valley in Utica, New York completed. The project was funded in part by a $1 million-dollar state grant. Unfortunately, the ICC has not actually received the grant funds which is resulting in the ICC not being able to pay its bills. Sherman Construction, who performed construction on the ICC project, filed a lien against the property for $67,247. Sources also report another contractor on the project is owed over $200,000.00 for work. Records further reflect the ICC has not paid over $50,000 in taxes. Despite the mounting bills, the Cultural Center is open for business.The ICC’s treasure believes all issues will be resolved once the $1 million-dollar grant if finally received.




Restart of Construction on Washington Square project in Downtown Tallahassee on Horizon

The Washington Center construction project in Tallahassee halted construction in July of 2019 due to a lack of funding. Several liens were filed against the project property, including an $8,218,645 lien by Yates and Sons and a $999,044 lien by CMC Steel Fabricators. The project developer, Fairmont Development, recently receive a $10,000,000 loan from Lakeland Lenders, LLC to settle these bills and remove the liens. Although the project re-start date is not set, completion of the project is expected to take 12 months or less to complete.

Kansas Prairie Queen Wind Farm Liens Causing Concern in Texas

EDP Renewables North America, LLC’s Prairie Queen wind farm project in Allen County, Kansas was recently in the news. Many of the landowners who leased property for placement of the wind turbines have had mechanic liens filed against their properties. A total of almost $1.8 million dollars in liens have been filed against these Kansas landowners in total. This news has Gainesville, Texas residents concern because they are the site for the next EDPR wind farm project. A December letter to the newspaper in Gainesville addressed the Kansas liens a warning to Texas landowners who may lease their property to EDPR for wind turbines. The letter addressed the negative effects mechanic liens have on an owner’s property, writing “These farmers now do not have a clean title to their land!”

A spokesperson for EDPR, Blair Matocha, addressed these concerns explaining liens are just a normal process preserving payment rights on construction projects. Matocha further pointed out that the payment disputes do not actually involve EDPR because the nonpayment claim is between EDPR’s contractor Black & McDonald and its subcontractors. “Our landowners are our partners and we provide multiple layers of protection to ensure our landowners are not negatively affected by mechanics liens… A lease with Prairie Queen Wind Farm requires that we keep our landowners’ property free and clear of all liens” Matocha said.