September 2019 Bar Bulletin
By Peter E. Hapke
More and more buyers or sellers of commercial real estate are encountering contamination issues these days. The presence of contamination should not be a deal breaker, but to avoid liability the prospective purchaser or seller should be proactive in evaluating the nature and scope of the contamination.
The first step is to consult with an environmental attorney, who will recommend the appropriate environmental consultant for the contamination issue. The consultant will review existing technical documents about the contamination and, if appropriate, perform some sampling and analysis to get data on the extent and severity of the contamination.
I always advise a...