A local contractor is facing a lawsuit and has filed a countersuit.

In court documents filed June 12 in Monroe County Circuit Court, Silver Creek Phase II Development LLC, which has Traci E. Meitl listed as a registered agent, sued Michael Thomas, owner of KB Development Group LLC, for negligence in his duties as a general contractor.

The filing states the plaintiff employed Thomas to develop plans for a subdivision near Stockel and Maplewood lanes in Waterloo. 

The filing alleges Thomas retained Groundworks Contracting Inc., but “failed to adequately investigate the financial condition and stability” of Groundworks, which the suit alleges is “an excavation contractor who was incompetent and lacked the necessary skills to do the necessary work required by the contract.”

Thomas is further alleged to have failed to adequately supervise or complete the work and “failed to repair obvious and admitted errors of construction, inspection and supervision, although often requested to do so by the plaintiff.”

The plaintiff is asking an amount in excess of $657,807.

On June 14, KB Contracting LLC sued Meitl and Silver Creek Phase II Development LLC, claiming an invoice of $160,209.49 has remained unpaid, leading the plaintiff to file a lien against the property owner.

The suit also contains two counts of alleged breach of contract, one which  states the defendents “unilaterally and wrongfully terminated the exclusive builder contract and instructed KB to cease its performance… paying KB nothing for its work.”

The suit also alleges promissory estoppel, unjust enrichment and quantum meruit.

KB Contracting is seeking damages in excess of $2 million.  

Last year, Groundworks Contracting, headquartered in Breese, was cited by the U.S. Department of Labor’s Occupational Safety and Health Administration for trench cave-in violations at the Silvercreek Crossing housing development. 

Acting on a City of Waterloo referral, OSHA found five employees of Groundworks Contracting in trenches as deep as 18 feet on five occasions during its investigation from Nov. 30, 2022, to Jan. 20, 2023, at Silvercreek Crossing.

Inspectors determined the employer put workers at risk by failing to provide required cave-in protection and head protection and by not training employees to recognize cave-in hazards.

In addition, OSHA found Groundworks had no competent person on site to inspect trenches before workers entered and, on one occasion, failed to protect a laborer as they were hoisted in an excavator’s bucket to work over a 15-foot-deep trench.