Contact Periconi, LLC, in any of these situations:

  • You need assistance in drafting environmental provisions in a contract of sale in order to protect yourself from risk and future liabilities.;
  • The parties to a commercial real estate deal cannot figure out a fair way to allocate the costs of cleaning up environmental contamination, and need creative suggestions.;
  • "Everyone knows" the property is contaminated because of a leaking tank or an asbestos problem, but no one knows what to do.;
  • The lender tells you a Phase I Environmental Site Assessment needs to be prepared, but you know you shouldn't rely on Google to find a qualified environmental consultant.;
  • The Phase I ESA tells you there are "recognized environmental conditions," but it is unclear what the next steps are.;
  • You want to obtain "bona fide prospective purchaser protection" for your property acquisition but are not sure what is required beyond the Phase I ESA.;
  • A Phase II ESA has been prepared, but it only gives a range of costs necessary to remediate the contamination reflected in the soil or groundwater sample results;
  • You do not know whether environmental insurance is available to resolve some of the difficult problems in the deal.

You need us when you or your client wants to know:

  • Whether and how development of the property could meet the requirements of either New York State's Brownfields Cleanup Program, or New York City's Voluntary Cleanup Program;
  • How to get the best estimates of the costs of, and how to evaluate the adequacy of, proposals to clean p the property;
  • Whether there is a potential claim against the prior owner for failure to disclose an environmental liability that he knew or should have known about and should have disclosed to the client-purchaser;
  • Whether there is a potential claim against an adjacent property owner for contamination on the property that the client now owns;
  • What the scope of your liability is for property damage and personal injury to nearby properties from contamination migrating from the client's property before and after purchase;
  • If completion of a Phase I ESA is all that needs to be done to obtain "bona fide prospective purchaser" protection;
  • How to get a "no further action" letter from a government agency to meet a lenders requirements;
  • What the impact of contamination is on the value o your property;
  • Whether, even after cleanup, there is an actionable "stigma" attached o the property.

See also a list of the top 10 recognized environmental conditions (RECs) that may affect a real estate transaction.

Call 646-733-4487 or send an email inquiry to schedule a consultation.