ERP Compliant Fuels was also named as a defendant in the suit.
Coal Creek contracted with Seminole to provide refuse hauling services from a coal mine located in Fayette County, according to a complaint filed in Fayette Circuit Court.
Coal Creek claims the defendants owe significant sums for services rendered and, upon information and belief, the defendants maintain a pattern and practice of refusing to pay contractors amounts that they are owed pursuant to contracts.
Upon information and belief, this failure is willful, wanton, intentional and designed to cause injury and damage to contractors, including the plaintiff, according to the suit.
Coal Creek claims it provided services to the defendants through May 20, 2016.
The defendants breached their contracts with Coal Creek and were unjustly enriched at Coal Creek’s expense, according to the suit.
Coal Creek claims the defendants were also negligent and owed a duty to comply with their contracts and agreements and breached that duty.
Coal Creek is seeking compensatory and punitive damages. It is being represented by Jared M. Tully of Frost Brown Todd.
The case is assigned to Circuit Judge Paul M. Blake Jr.
Fayette Circuit Court case number: 16-C-306