BRYAN — A Williams County judge has given AquaBounty Farms Ohio LLC until April 10 to respond to claims that it owes nearly $1.6 million to a contractor it hired to help construct a land-based aquaculture plant for raising genetically modified salmon in Pioneer, Ohio.
The project was never finished. It came to a halt in June, 2023.
Cleveland-based Gilbane Building Co. filed a claim for $1,597,630.61, according to a civil lawsuit it has filed against the company, a subsidiary of AquaBounty Technologies, in Williams County Common Pleas Court’s civil division.
It states it entered into a written contract with AquaBounty on or about June 29, 2023, “to furnish certain materials, services, equipment and labor in and for altering, constructing, and improving certain land, buildings, and structures at the property,” which it identified as the land where AquaBounty intended to build its plant.
“As a result of AquaBounty’s failure to pay the outstanding balance, Gilbane filed a mechanic’s lien on the property on Sept. 11, 2024, in the amount of $1,544,662.59,” according to the lawsuit, which states other costs and interest have brought the total debt owed to nearly $1.6 million.
Neither AquaBounty’s corporate office, nor the legal team representing it at Frost Brown Todd law firm in Columbus, responded to requests for comment.
AquaBounty is based in Maynard, Mass., about 22 miles west of Boston.
Attorneys at Frantz Ward LLP in Cleveland, who are representing the plaintiff, also did not respond.
Judge Rhonda Fisher Drinnon of Williams County Common Pleas Court stated in a filing this month that she was giving AquaBounty until April 10 to respond.
Williams County Treasurer Kellie Gray is named as a co-defendant.
Her response was issued by Williams County Prosecutor Katherine J. Zartman, who said Ms. Gray acknowledges the lien but added that “the extent of the real estate tax obligation and/or any delinquency due and payable at the time of judicial sale will only be determinable at the time of sale.”
She also said Ms. Gray is “without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in plaintiff’s complaint.”
Exhibit 1 in the lawsuit is a copy of the agreement for construction services.
It identifies Pioneer Mayor Ed Kidston’s business, Artesian of Pioneer, as the company that AquaBounty hired to design the project’s wells, water, and wastewater treatment system.
Clark, Richardson and Biskup Consulting Engineers were identified as the land-based aquaculture facility’s architect and engineer of record to complete most of the design.
InnovaSea Systems, Inc., was hired to design the recirculating aquaculture system.
Dr. Water LLC was hired for water/wastewater consulting, and CRB Builders LLC was hired for civil engineering services, site grading and other site work to prepare the property for construction.
The project manager was identified as Hill International, Inc.
Gilbane was hired to be the construction manager.
AquaBounty’s stock has plummeted in recent months, opening at only 54 cents a share on Monday. The company has until July 15 to get it up to $1 or more for 10 consecutive days, or face removal from the Nasdaq stock exchange.
In December, it ceased all remaining fish-rearing operations. It also announced a management shakeup, and reduced its staff.
It auctioned off equipment at its Pioneer site in February.
Earlier this month, it sold off its Canadian assets to Kelly Cove Salmon Ltd. of New Brunswick.
The Pioneer site where it hoped to build is on the village’s east side. The address is listed in the lawsuit as 7 Kexson Dr., Pioneer.
Williams County commissioners agreed by a 2-1 vote last Thursday to seek a ruling from the Ohio Supreme Court over whether the village and the company are still entitled to a right-of-way permit to lay two mile-long pipelines.
One would allow groundwater to be transported from a Madison Township field to the AquaBounty site. The other one would allow wastewater generated by that or some other industry to be sent into the nearby St. Joseph River.
First Published March 24, 2025, 8:23 p.m.
