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James J. Periconi, Esq. | March 30, 2008
Typically the preamble for the representations and warranties will state that they are made to induce the buyer to purchase or the lender to make the loan contemplated. 1. Although buyer prefers seller’s representations and warranties to be absolute, seller will want to make them
James J. Periconi, Esq. | March 27, 2008
Material Adverse Effect: In a sale of any ongoing business, one way to address the difficulty of being absolute in the representations and warranties when in fact the parties are not concerned about
James J. Periconi, Esq. | March 25, 2008
Environmental Damages: This definition is a convenient place to collect all the possible liabilities and damages arising from the presence of hazardous materials on the property in violation of, or requiring remediation under,
James J. Periconi, Esq. | March 10, 2008
Environmental Requirements: Traditionally the term used is “Environmental Law,” but “Requirements” is more accurate as the definition goes beyond statutes and regulations.
James J. Periconi, Esq. | March 5, 2008
A major problem with definitions of environmental terms in commercial and real estate transaction documents is that they become overly inclusive, confusing, and unworkable. A definition of “hazardous materials” which includes virtually every substance known to man in any amount at any concentration, will be impossible to satisfy
James J. Periconi, Esq. | March 2, 2008
A. Representations: a statement of fact to induce another party to enter into a contract. B. Warranty: a promise that the statement is true; intended to relieve the promise (Buyer) from having to determine if the facts are true. * Practice Tip: Representations and warranties are not a substitute for including,
Conservation Buffer Sufficient to Defeat Petitioners’ Standing to Challenge Proposed Development Court Allows Town’s Trespass and Strict Liability Claims against Neighboring Company to Go Forward Under CERCLA, Responsible Parties Liable for Future Clean-Up Costs Revised Standards for Phase II Environmental Site Assessments So, You’re Interested in Purchasing a Contaminated Property (or a Parcel Next to a Contaminated Property): An Overview of Phase I Environmental Site Assessments How to Insure You Get the Landowner Liability Protections under Superfund Environmental Groups Denied Intervention in Suit Regarding RCRA Consent Decree James J. Periconi Named 2011 Environmental SuperLawyer DEC Did Not Act Outside of Its Authority in Promulgating Regulations that Required Cleanup of Contaminated Properties to “Pre-Disposal Conditions” under the State Inactive Hazardous Waste Disposal Site Act 