EP Energy Hit With $2.5M Suit Over Unpurchased Frac Sand

Law360 (March 18, 2019, 3:22 PM EDT) -- A company that specializes in providing fracking sand has sued EP Energy E&P Co. LP alleging the company failed to purchase an agreed-upon minimum amount and owes at least $2.5 million in damages.

In a lawsuit filed in state district court in Houston on Friday, Superior Silica Sands LLC says customer EP failed in 2018 to purchase the minimum tonnage and also failed to exercise the contract's force majeure provision, which would have allowed EP to say an event outside of its control led to the failure without breaching the contract.

"After conducting an annual reconciliation at the end of 2018,...

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