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Category Archives: Environmental Due Diligence

Environmental Professionals as Required by ASTM E1527 (8 Comments)

Entry by JoeDerhake Entry There has been much discussion about the creation of a national environmental professional registration system and having a new ASTM Standard to require that a ‘Registered’ Environmental Professional conduct a Phase I Environmental Site Assessment (ESA). I support such a requirement, as Environmental Professionals too often have to compete with either…

Selection of a Phase I Environmental Site Assessment Vendor In North Carolina

When ordering a Phase I Environmental Site Assessment in North Carolina, careful consideration should be given the credentials of the firm and their experience with similar property types. Partner Engineering and Science has been involved in more than 5,000 environmental site assessments in North Carolina covering a wide range of property types.

Managing Environmental Liability During Bankruptcy

Corporations and their creditors must understand the law to manage environmental liabilities during bankruptcy.  This blog is a brief exert from the bankruptcy chapter of my book titled Managing Environmental Liability – Business Transaction and Brownfield Redevelopment.            The bankruptcy cases of Chrysler and General Motors are examples of the growing trend toward “fast-track restructuring”…

The Importance of Erosion Control Inspections During Collateral Analysis

In order to quantify potential liabilities, it is important to make sure that erosion/stormwater inspections are completed as part of the collateral analysis process.

Real Estate Secured Lending – Gas Stations

Typically, when a lender is considering a real estate secured loan collateralized by a gas station, the environmental risk associated with the real estate can be a major factor in the lending decision.

Chinese Drywall, A Quick Summary

I participated in a conference call a few weeks ago sponsored by the Environmental Bankers Association (EBA) that discussed “Chinese Drywall”.  An attorney and a consultant both provided presentations and their perspective on the issues and how they are dealing with it.  A quick summary: Chinese drywall was generally used in the southeast U.S. after the hurricanes/storms in…

Environmental Professionals as Required by ASTM E1527 (3 Comments)

Entry by JoeDerhake Entry There has been much discussion about the creation of a national environmental professional registration system and having a new ASTM Standard to require that a ‘Registered’ Environmental Professional conduct a Phase I Environmental Site Assessment (ESA). I support such a requirement, as Environmental Professionals too often have to compete with either…

Property Condition Assessment and ADA Compliance

To what extent should a Property Condition Assessment focus on ADA Compliance?    In our practice, some clients want a robust ADA Compliance Audit and other clients are happy with a brief paragraph discussing the building’s compliance on a general level.   The purpose of this blog is to make clients aware of the ADA options that…

Probable Maximum Loss Reports (4 Comments)

Entry by JoeDerhake Entry As an engineer that has been providing lenders Probable Maximum Loss (PML) reports for the past 15 years, I was hopeful that the two new ASTM Standards published in 2007 would standardize the practice of PMLs.    However, the ASTM Standards are overly flexible and have not resulted in sufficient uniformity.   For…

Probable Maximum Loss Reports (3 Comments)

Entry by JoeDerhake Entry As an engineer that has been providing lenders Probable Maximum Loss (PML) reports for the past 15 years, I was hopeful that the two new ASTM Standards published in 2007 would standardize the practice of PMLs.    However, the ASTM Standards are overly flexible and have not resulted in sufficient uniformity.   For…