McGuireWoods achieved a significant jury verdict on behalf of BP Solar International Inc. in Circuit Court for Frederick County, Md. BP Solar proved to the jury that MEMC Electronic Materials Inc. and MEMC Pasadena Inc. had breached a three-year supply agreement for MEMC to provide BP Solar with silicon powder, a key raw material in its manufacture of solar modules. At the conclusion of a two-week trial, the jury awarded BP Solar nearly $9 million in damages.
Over the course of the two-year litigation, MEMC repeatedly denied that it had formed a contract with BP Solar, and denied that the MEMC employee who reached the agreement had authority to bind MEMC, despite the fact that BP Solar did business with the individual and MEMC for nearly 10 years. BP Solar is the first customer to achieve a jury verdict against MEMC for claims related to the breach of a supply contract for silicon raw materials.