Due-Diligence Property Transfer Services

The reasons for such a study include:

• Evaluate whether Recognized Environmental Conditions (RECs) exist
• Often lender-required
• Establish “Innocent Land Owner” defense (CERCLA)
• Improve quality of portfolios (REITs, Other Investors)
• Estimate cleanup costs to factor into purchase agreements and development plans

Due-Diligence assessments typically consist of Phase I assessments, which may be followed by Phase II assessments, as described below.

Phase I Environmental Site Assessments (ESAs)

Phase I ESAs are routinely performed as part of ownership transfers, new mortgages, or loan refinances for commercial properties. In addition, a Phase I ESA is required to be conducted on Brownfield sites that are receiving Federal funding. The scope of services for a Phase I ESA is consistent with the American Society for Testing and Materials (ASTM) No. E1527, and the USEPA All Appropriate Inquiry (AAI) standards.

Phase II Environmental Site Assessments (ESAs)

Phase II ESAs are performed to evaluate the possible presence, nature, and extent of suspected contaminants in soil and/or groundwater that may be discovered through the performance of a Phase I ESA. The scope of work is typically presented as a Work Plan that may require regulatory agency approval prior to implementation. Field data collection typically consists of soil, groundwater or soil vapor sampling which is accomplished by drilling, trenching, soil vapor surveys, groundwater well installation, and other techniques. Oftentimes geophysical techniques are used to help in understanding the subsurface conditions targeting sampling efforts. Mobile analytical testing laboratories may be used in order to provide quick turnaround analytical data in the field. All investigations which involve the collection and interpretation of subsurface information are performed under the direction of appropriately licensed and experienced Ninyo & Moore Professional Engineers and Geologists.