asbestos

Court Allows Breach of Contract Claim Against Environmental Consultant for Inadequate Records Search to Proceed

Brownfields, CERCLA, consultant malpractice, Environmental Due Diligence, Hazardous Waste, Underground Storage Tanks /

Much of the focus of the 2021 revisions to ASTM Phase 1 Environmental Site Assessment Standard E-1527 was to clarify the custom and practice for performing historical investigations-particularly for adjoining properties. Unfortunately, for an architectural firm that dabbled in the phase 1 marketplace these clarifications came too late. In Hathaway Homes, Phase II Limited Partnership […]

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Freddie Mac Changes Radon and ACM Requirements for Multi-Family Phase 1 Reports

Environmental Due Diligence /

Earlier this year, Freddie Mac recently clarified its environmental requirements for phase 1 reports issued for multi-family loans. The two key changes involve radon and asbestos. Excerpts for these two issues are below. The full text of the revisions are available from the link at the bottom of this post. Radon- Freddie Mac now requires

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Ct Upholds Limitation of Liability in Consultant Negligence Case

asbestos, consultant malpractice, Environmental Due Diligence /

When retaining environmental consultants, one of the key issues to review in the consultant’s standard terms and conditions is the limitation of liability (LOL) clause. This clause frequently seeks to cap the consultant’s liability at the amount of its fees. Because consultants are usually expected to carry at least $1MM in liability coverage,  clients often want consultants to be liable

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