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March 29, 2024

Wind Farm Bankrupt, foreclosure sought on Sublette, IL. landowner…

By John Kraft & Kirk Allen

On June 24, 2015

Sublette, IL. (ECWd) –

This is an article obtained from WindAction.org, who obtained it from North American Wind Power.

This is a case in which the Wind Farm Company went bankrupt, and now there are attempts to foreclose on the farmland owners through real estate liens. It is on appeal from the Circuit Court and will be heard in August 2015.

We have previously reported on real estate liens against Vermilion County turbine-hosting landowners (here, here, and here). This article is from Lee County, Illinois.

The article…

Small Project In Illinois Could Make Big Headlines In Wind Farm Construction (Mechanics Liens)
North American Windpower – Mark Del Franco – June 24, 2015

Citing nonpayment for services rendered, Fort Worth, Texas-based construction services firm AUI Holdings aims to foreclose on the Sublette, Ill.-based Papiech wind project, which consists of a 2.5 MW Clipper wind turbine perched on a post-tensioned 100-meter concrete tower.

Citing nonpayment for services rendered, Fort Worth, Texas-based construction services firm AUI Holdings aims to foreclose on the Sublette, Ill.-based Papiech wind project, which consists of a 2.5 MW Clipper wind turbine perched on a post-tensioned 100-meter concrete tower.

AUI Holdings is suing GSG and others for nearly $5 million for nonpayment for services rendered from October 2011 through May 2012.

The turbine, named Eve, is owned and operated by GSG 7 LLC, a holding company formed by Bruce and Joyce Papiech of Sublette, Ill. GSG also owns and operates Adam, a 2.5 MW wind turbine set on a steel tower, located on adjacent land. The concrete tower – a first-of-its-kind protoype – was designed by Postensa Wind Structures.

Clipper subcontracted with Postensa Wind Structures to design and build the prototype. Postensa then subcontracted the job to AUI, which performed construction services including the crane pad, foundation works, and concrete tower fabrication and erection. AUI performed balance-of-plant services for GSG 7, including all civil, turbine assembly and electrical works.

AUI, which completed the job in May 2012, claims it was paid only a fraction of what it is owed. When AUI took Postensa Wind Structures to arbitration, the International Arbitration Tribunal awarded damages to AUI.

However, shortly thereafter, Postensa Wind Structures – the U.S. arm of the Mexico City manufacturer – filed for Chapter 7 bankruptcy protection. Once the bankrupt Postensa subsidiary refused to pay, AUI then pursued a mechanic’s lien claim against the other parties involved in the wind farm contract: namely, the turbine’s owner, GSG 7, and the Vaessen family, who own the land hosting the turbines.
Continue reading thru the original source, nawindpower.com...

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1 Comment
  • Rebecca Williams
    Posted at 15:26h, 25 June

    This is a case of the concrete tower manufacturer going bankrupt, not the company.

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