No Tower Contract to Breach, Says ATI in Motion to Dismiss

Terra Towers’ complaint alleging American Tower International improperly withdrew from an $800 million Latin American telecom tower project agreement called Project Codu (see 2301030035) “is without merit and should be dismissed as a matter of law,” said ATI’s motion Tuesday (docket 1:23-cv-20009) in U.S. District Court for Southern Florida in Miami. “The parties never entered an agreement,” nor did they ever sign a “signed a definitive agreement,” said ATI. “The parties never even signed a term sheet reflecting the terms of the deal,” it said. All negotiations were nonbinding, “as is evident from the numerous term sheets the parties exchanged during the many months Project Codu was negotiated, ultimately in futility,” it said. “A breach of contract claim cannot survive based on the facts alleged here.”