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Michigan Webinar Series: Non-Scope Considerations in Real Estate Transactions
Going the Distance - Implementing Continuing Obligations at Contaminated Properties
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Event Information:
Michigan Webinar Series: Non-Scope Considerations in Real Estate Transactions

Date and Time:
11/21/2019 at 3:00 PM, Duration: 45 Minutes

Environmental due diligence for commercial transactions is a necessity for buyers, sellers, lenders, attorneys, and other parties interested in identifying potential environmental liabilities. A Phase I Environmental Site Assessment (ESA) conducted in accordance with the current American Society for Testing & Materials (ASTM) E1527 standard is the industry’s accepted practice because the User is seeking CERCLA liability protection, but in practice the Phase I ESA may have due diligence uses including a risk management or negotiation tool for the acquisition of real property and/or the business operating on that property.

The findings of a Phase I ESA only include the environmental professional’s opinion on the presence of Recognized Environmental Conditions (REC) at a property. However, what isn’t covered under the definition of REC or necessarily be included in Phase I are “Non-Scope Considerations”. August Mack will discuss what these “Non-Scope Considerations” are, examples of each, and specific instances where they may be pertinent to the purchase of the real property. Failure to address these items could result in costly repercussions including regulatory violations, infringement fines, permitting fees, lawsuits, or abatement/mitigation costs.

About the Presenter:
Curtis Chapman

Curtis Chapman is a project manager with August Mack Environmental, Inc. in the Livonia, Michigan office. He specializes in property assessment, subsurface investigations, remedial project management, regulatory compliance, soil/groundwater remediation, and waste minimization. Curtis can be reached at 734.464.1716 or via e-mail at cchapman@augustmack.com.


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