Environmental Insurance Agency, Inc. services

The Problem. Brownfields are abandoned, idled or underused industrial and commercial properties at which real or perceived contamination interferes with real estate transactions and redevelopment or reuse efforts. They are also referred to as lightly contaminated sites. They are not Superfund sites, but fear of strict, joint and several, and retroactive Superfund liability often prevents them from being sold. Also, owners “mothball” these sites because they’re afraid of what they’ll find and will have to report if they look too closely. Thus, the risks and liabilities don’t get transferred.

The Problem: Contractors and consultants enter into contracts, with clients and sub-contractors, that are the heart and soul of their business. Everyone knows that you should not sign a contract without having a lawyer review it, and an environmental contract should probably be reviewed by an environmental lawyer. Typically, however, only large contractors and consultants (with revenues exceeding $5 million) hire inside or outside counsel to review or draft their contracts. The result Many small environmental contractors are operating under contracts that are drafted unfavorably from their point of view, or may lack standard risk allocation provisions.