Litigation related to the purchase or sale of contaminated property typically involves nuanced and complex issues. When property is discovered to be contaminated, either during or following a sale, it can create tremendous questions of legal liability:
- Was the seller aware of the contamination?
- Who is liable for the contamination?
- What law governs the cleanup of the site?
- Is there insurance available to pay for the cleanup or defense of litigation?
Jackson Gilmour & Dobbs, PC's attorneys routinely counsel clients at different times during the sales cycle to minimize risk and add significant value in corporate and real estate transactions. Because multiple environmental laws and regulations assign environmental liability based on owner and operator status, businesses must consider environmental risks to appropriately value corporate real estate transactions. Jackson Gilmour & Dobbs, PC represents clients, including landowners, landlords and tenants, operators, management companies, and real estate developers in transactions involving environmentally impacted and contaminated properties.
Knowledgeable in all aspects of environmental due diligence, including Phase I and Phase II reports, environmental site assessments, agency records, and facility data to identify potential environmental liabilities, our attorneys are adept at negotiating and drafting risk shifting provisions such as environmental indemnities, environmental insurance, and remediation agreements. We help our clients successfully navigate these issues, avoid common pitfalls, and provide compliance counseling to help avoid additional liability posed by the sale of a contaminated parcel of real estate. These skills also provide our attorneys with the strong foundation necessary to litigate any issues that arise following the purchase or sale of contaminated properties. Environmental issues can arise decades after the sale or purchase of property and our attorneys regularly represent clients in prosecuting and defending claims concerning historical property contamination.