Only too often real estate lawyers commission environmental reports without fully understanding that often search companies confine their assessment to the risk of land falling within the limited scope of the 'contaminated land regime', and miss out or do not draw attention to other significant contamination or environmental issues.
Thus a 'clear search' or 'pass' may in fact hide significant issues, leading to litigation and even negligence claims against firms - the result of 'false negatives'. Search companies are often not proactive to drawing attention to the shortcomings of their reports. In some cases consultants can cause problems with their ground investigations which could result in aborted deals and liabilities for a seller.
This course will expose the full breadth of environmental risks that should be considered and taken into account on dealing with any land that could have been used for purposes that could have left many forms of harm on the site. It will outline where these risks are going to fall and the extent to which this can be managed or apportioned in documentation and other ways.
It will also outline a methodology for presenting and assessing such risk to clients, and what risks cannot be changed but have to be accepted as part of the deal risk, plus the role of insurance in risk management.
Case studies and sample reports are included as are practical exercises involving problem areas in environmental risk. Standard precedents are discussed and critiqued.