This one-day seminar will provide timely and valuable information to attendees having an interest in environmental issues that affect the construction industry. Design professionals, owners, developers, lenders and contractors (at any tier) will leave with a better understanding of statutory and regulatory requirements that can potentially impact a construction project. In addition, the seminar will provide a survey of recent litigation trends including an update on the present state of mold and asbestos litigation.
Topics to be discussed include:
- Managing Environmental Risks On A Construction Project
- Mold Litigation
- Asbestos Litigation Involving General Contractors
- Bidding And Negotiating Remediation Contracts
- Overview Of Statutory And Regulatory Requirements
- Due Diligence And Permitting Issues
9:00 a.m. - 10:15 a.m.
I. Overview And Introduction
A. Environmental Concerns Before, During And After Construction
B. Managing Environmental Risks
1. The Owner
2. Contractor (Subcontractors, Too)
3. Design Professional
4. Environmental Consultant
5. The Lender
C. Insurance Claims
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 12:00 p.m.
II. Recent Trends (Part I)
A. Mold – What Is It?
B. What Does It Do?
C. Why Is It Suddenly An Issue?
D. Who Can Be Liable?
E. Causes Of Action
F. Responses To The Problem
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:45 p.m.
III. Recent Trends (Part II)
A. Asbestos Litigation Against General Contractors Stemming From Civil Projects In
The 1960s And 70s
1. Legal Theories
3. Liability And Insurance Coverage
B. Other 'Trendy' Environmental Issues
IV. Negotiation Of Remediation Contracts
A. Break-Out Session: How Would You Bid It?
B. A Contract Form Used In The Industry
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
V. Overview Of Statutory And Regulatory Requirements
A. Threshold Issues
1. Developing An Environmental Team
2. Site Considerations
3. Identifying The Regulators
4. The Regulatory Universe – Generally
5. Communicating With The Regulators
B. Environmental Due Diligence: Phase I Environmental Site Assessments
1. The Phase I Generally
2. Reading The Phase I
3. Limitations Of The Phase I
4. Phase II And Additional Testing
C. Specific Construction/Development Issues
1. Air Permits
2. Water Discharge Permits (Stormwater Permits)
3. Water Use Declarations/Certificates
4. Waste Disposal
5. The Endangered Species Act
7. The National Historic Preservation Act
8. Additional Issues
D. Concluding Observations On Construction