POTSDAM – The village has received a favorable judgment for $6.8 million in its case against a Canadian hydro-turbine manufacturer. “There is a big difference between winning a lawsuit and …
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POTSDAM – The village has received a favorable judgment for $6.8 million in its case against a Canadian hydro-turbine manufacturer.
“There is a big difference between winning a lawsuit and collecting damages,” said Village Administrator David Fenton. He said the village will begin investigating what steps can be taken to collect from the company, Canadian Turbines, Inc. of Burlington, Ont.
“This order is the result of a lawsuit filed for liquidated damages for failing to provide materials stipulated in the contract for Potsdam’s west hydro dam,” said Fenton.
The suit stems from a contract signed in June 2007 with Canadian Turbines for delivery of parts within 10 months for the village’s new hydropower development at its west dam on the Raquette River. Some parts were delivered late, and some have never been delivered by the company.
“The Plaintiff is hereby granted judgment against the Defendent in the amount of $6,837,000.00 plus the costs of this action in the amount of $2,751.26 for a total judgment of $6,839,571.26,” said the state Supreme Court order, signed by Judge David Demarest.
“The village of Potsdam will now commence actions to secure assets in satisfaction of the judgment,” said Fenton, “which may include actions initiated in Canadian courts to obtain whatever assets may be available to satisfy this judgment.”
The contract called for daily penalties for non-delivery, among other provisions.
Since then other companies have delivered the necessary parts.
Fenton says the project could be generating power by December.
“National Grid said they should be ready for us in four months, and we should be done with our work by then, " Fenton said.