A business in Galveston County, Texas, is suing a commercial landscape contractor after forming a subcontract agreement with them. Beale Corporation LLC filed a lawsuit recently in the Galveston County District Court against Blackstone Commercial Landscaping LLC, citing breach of contract and negligence.

The lawsuit states that on June 29, the plaintiff and defendant entered into a subcontract agreement. The agreement stated that the plaintiff, Beale Corporation, was to supply labor, tools, material and supervision for the defendant, Blackstone. Under the agreement, the defendant was to designate holes to place trees, properly mark where the holes needed to be dug and ensure the area was free from obstacles.

Unfortunately, the defendant failed to achieve that last requirement. According to the plaintiff, while Blackstone was using its spade truck to dig the holes, it struck an underground obstruction, destroying their truck.

The complaint states that because the defendant failed to properly locate underground obstructions, it caused the plaintiff’s damages. The plaintiff states the defendant also failed to pay under the subcontract agreement.

Beale Corporation is currently seeking $1,620 for work performed, $5,460 for unilateral termination of the subcontract agreement, and $118,300 for the spade truck, interest and fees.