Solo Cup Essay

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Overview The lawsuit between Solo Cup Company (“Solo”) and Trigen-Cinergy Solutions (“Trigen”) arose out of an Energy Services Agreement and Equipment Lease that Solo entered into with Trigen to construct an 11.2-megawatt electricity co-generation plant at the Owings Mills facility. Solo was under the impression that by entering into this agreement, they would save at least $820,000 in energy costs annually, which was to be prepaid by Trigen and eventually paid back by Solo over 20 years. After Solo did analyses on the project, they discovered they would actually be losing money in the first year of the contract, and took action to sever the contract. Arbitration then took place to award damages to the rightful party. After extensive review of the relevant facts in this dispute, it has come to my attention that the loss contingency is incorrectly booked for Solo Cup Company. To first understand the scope of the situation, below is a summary of key events for your reference. Timeline of Key Events 2/13/03 – Solo entered into a 15 year Equipment Lease Agreement and a 20 year Energy Services Agreement with Trigen Energy Services to construct a co-generation facility. 11/01/04 – Trigen issued a Letter of Substantial Completion to Solo and paid out $820,000, which represented the first year’s energy savings prepaid by Trigen. January 2005 – Solo notified Trigen of disputes after being dissatisfied that savings were not being realized. 3/21/05 – Solo filed a demand for arbitration seeking recission of the Energy Services Agreement and compensatory damages plus attorney’s fees, costs and interest. The claims were based on allegations of fraud, misrepresentation, promissory estoppel, unjust enrichment, and breach of contract. March 2005 – Solo offered to settle for $3,106,972. 4/11/05 – Trigen filed an answer and counterclaim seeking an

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