Background

Whether you are the buyer or seller in a property transaction, or simply a landowner, you could face long-term liability for a property’s environmental condition. In property transfers, sellers and buyers often find themselves responsible for "clean-up" activities because a thorough pre-transaction investigation was not made. A key defense to be considered an "innocent landowner" under Superfund, and thus not subject to remediation costs, requires that you must have made "all appropriate inquiries" to determine that the site was not contaminated. Thus, "due diligence" requires, and common sense demands, that buyers and sellers take exhaustive steps to inventory environmental issues at sites prior to entering into property transfers.

Approach and Experience

Having conducted environmental site assessments for a myriad of property types, we have evaluated manufacturing facilities, islands, office buildings, hydroelectric projects, hotels, and undeveloped properties to name a few. We utilize a three-phase approach which allows our clients to cost-effectively inventory, evaluate, and correct environmental issues. Buyers and sellers are informed of the risks associated with the property and can develop action plans that minimize future liability.

Level One Assessment - Identification of Potential Liabilities

During the initial phase of our assessment, we evaluate the history, compliance status, and physical condition of the facility. As a minimum, this assessment includes the following procedures:

Level Two Assessment - Sampling and Analysis

Upon completion of the initial assessment, our clients have the opportunity to evaluate the information and determine if additional investigation in the form of sampling and testing is desired. The information in our Report of Findings assists in this decision making process by providing a comprehensive list of potential concerns.

If sampling and analyses are warranted, our professionals are skilled in sampling protocol and laboratory procedures. We maintain full-scale and mobile laboratories which make our services not only cost-effective, but also timely. You will not need the services of numerous firms or have to endure the inevitable delays and lack of coordination associated with such an effort. Regardless of project complexity, we will provide full services.



Level Three Assessment - Remedial Action Planning

If our Level Two assessment identifies areas of concern, we offer assistance in the remediation of all forms of contamination. We have managed numerous remediation projects involving:

• Asbestos Abatement
• Groundwater Extraction and Treatment
• UST Removal/Closure
• Soil Excavation Plans
• Landfill Closure and Post-Closure Care
• Building Demolition

In addition, we provide on-site construction management services to assist clients with the implementation of corrective actions. We offer clients cost-effective, rational approaches for dealing with their environmental liabilities.