Spat over wind farm project heads to federal court

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A lawsuit over the delivery of transmission cable to an Illinois wind farm project overseen by Brownsville-based Michels Corp. has been moved to federal court.

Michels had filed the suit April 13 in Dodge County Circuit Court.

The case stems from an ongoing 100-megawatt wind farm project, Hoopestown Wind, in Vermilion County, Ill. Michels is the general contractor on the project.

According to the complaint, Duluth, Ga.-based Resitech breached its promise under contract to deliver more than $1.5 million in power transmission cable to Michels for the Hoopestown project. Also, the cable that was delivered did not meet quality or quantity specifications, according to Michels.

As a result, Michels contends that the breaches of contract caused delays and additional costs, which were passed on to Resitech as permitted in the contract.

Resitech, according to the complaint, alleges Michels owes it more than $170,000 under contract and has filed mechanic’s liens on the project with the Illinois Recorder of Deeds. But Michels contends that the lien is invalid because it was filed more than 90 days after Resitech completed its final delivery to Michels.

Michels seeks attorney’s fees and a declaration that it has fulfilled its end of the contract.

According to court records, Resitech moved the lawsuit to federal court on Monday.

According court documents submitted Monday, Resitech believes it is owed more than $200,000 by Michels under its agreement to deliver the cable to the Hoopestown Wind project. Follow @erikastrebel