breach of contract

Consultants in Bank Lawsuit Saved by the (Statute of Limitations) Bell

CERCLA, consultant malpractice, Environmental Due Diligence / By

Christmas arrived early for two environmental consulting firms when a federal district court ruled in Bank United, N.A. v. Merritt Environmental Consulting Corp, 2018 U.S. Dist. Lexis 214448 (S.D.N.Y. 12/20/2018) that a lender had waited too long to file a complaint against the consultants for failing to identify radioactive contamination in a phase 1 environmental […]

Consultants in Bank Lawsuit Saved by the (Statute of Limitations) Bell Read More »

Court Dismisses Action Against DEC For Breach of VCA

Corporate and Real Estate Transactions, Navigation Law, oil spills, Underground Storage Tanks / By

A 20-year old voluntary cleanup agreement (VCA) was the subject of the dispute before the New York Court of Claims in Alaskan Oil, Inc., v. State of New York, Claim No. 116072 Motion No. CM-81863 (Ct. Claims 7/25/16). In this case, claimant Alaskan Oil Inc. acquired approximately 40 properties owned by Parrish Energy Fuels, Inc.,

Court Dismisses Action Against DEC For Breach of VCA Read More »

Cal Appeals Ct Affirms $2MM judgment against foreclosing bank for failure to complete remediation is

common law, Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability, vapor intrusion / By

The foreclosing lender in Hoang v. California Pacific Bank, 2014 Cal. App. Unpub. LEXIS 5230 (July 23, 2014) made some curious decisions and the result was the bank was ordered to pay damages to the purchaser that exceed the sales price of the property. The irony is that the lender probably complied with the CERCLA

Cal Appeals Ct Affirms $2MM judgment against foreclosing bank for failure to complete remediation is Read More »

Delaware Extends Statute of Limitations For Contract Claims to 20 Years

Corporate and Real Estate Transactions / By

The time period for bringing claims for breaches of representations and warranties in corporate transactions (known as “survival” periods) are usually heavily negotiated. General reps and warranties about the condition of the business often have the shortest survival periods (usually 6 months to two years) and often track the length of an escrow period. However,

Delaware Extends Statute of Limitations For Contract Claims to 20 Years Read More »

2nd Circuit Affirms Dismissal of Negligence Claim Agst Consultant

consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence / By

We have previously discussed Ridge Seneca Plaza, LLC v. BP Prods. North America, No. 6:06-cv-06333 (W.D.N.Y. 3/28/11) where the federal district case from the western district of New York ruled that a purchaser could not bring a malpractice claim against a consultant who had been retained by a bank. . We picked this case because it

2nd Circuit Affirms Dismissal of Negligence Claim Agst Consultant Read More »

Ct Allows Claim Agst Consultant For Missing Contamination at Lowe’s Site To Proceed

Brownfields, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, environmental insurance, oil spills, Underground Storage Tanks / By

Some time ago, we discussed the $14MM lawsuit filed by Lowe’s Home Centers  against a consultant. Lowe’s alleged  that the consultant failed to identify all areas that had been contaminated with PCBs and the store opening was delayed because of complications associated with the previously unknown PCB-contaminated soil was improperly disposed. The matter eventually settled Another

Ct Allows Claim Agst Consultant For Missing Contamination at Lowe’s Site To Proceed Read More »

Failure to Identify Dry Wells and Review Building Dept File at Heart of Consultant Malpractice Case

common law, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence / By

Southern Wine & Spirits of New York vs. Impact Environmental Consultants, 2013 N.Y. App. Div. LEXIS 2081(App. Div.-1st Dept 3/28/13) involves a common source of contamination in Long Island and other suburban areas of New York City-dry wells and septic systems. The parties have yet to begin discovery but based on the motion papers filed

Failure to Identify Dry Wells and Review Building Dept File at Heart of Consultant Malpractice Case Read More »

Mass Ct Rules Contractual Limitation Period Unenforceable

consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence / By

When hiring an environmental consultant, clients are often asked to execute an engagement letter that typically addresses the pricing for the Phase 1 and other logistical information. Attached to the engagement letter will be what often looks like a pre-printed form of terms and conditions that govern the performance of the services to be provided

Mass Ct Rules Contractual Limitation Period Unenforceable Read More »

SC Appeals Ct Affirms Judgment To Golf Course Developer But Reduces Damages Award

Corporate and Real Estate Transactions, Environmental Due Diligence / By

A South Carolina appeals court affirmed a jury verdict that a seller of a 239-acre golf course in Blythewood, South Carolina had breached an environmental indemnity but reduced the damages award by the jury in Ginn-LA University Club Ltd. v. Amelia Capital III, LLC,2013 S.C. App. Unpub. LEXIS 95 (Ct. App. 2/13/13). In this case,

SC Appeals Ct Affirms Judgment To Golf Course Developer But Reduces Damages Award Read More »

Ct Says NJ Brownfield Agreement Not Enough to Establish Innocent Party Status

bankruptcy, Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, NJ Spill Act / By

The brownfield reforms that swept the country in the 1990s created new tools for developers of contaminated sites to help minimize their liability. Some of the reforms like the CERCLA Bona Fide Prospective Purchaser (BFPP) liability protection are self-implementing while others such as prospective purchaser agreements, covenants not to sue or letters stating that the developer

Ct Says NJ Brownfield Agreement Not Enough to Establish Innocent Party Status Read More »

Scroll to Top