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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 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,
James J. Periconi, Esq. | November 13, 2007
So, what are the implications of the background principles of law discussed in earlier blogs, and what principles overall should govern how your environmental lawyer makes herself really useful to you in the process? Three Overarching Tasks and Principles or considerations for both Buyer and Seller that emerge from this:
James J. Periconi, Esq. | November 7, 2007
We devote a whole blog to this because it’s one of those areas where standard practice in the field, pre-environmental law, has been totally overtaken by cases where “as is” clauses intersect with environmental problems
James J. Periconi, Esq. | October 19, 2007
By way of background, if you’re a real estate lawyer, you’ll want to understand that environmental law principles as applied in the context mostly derive from established real estate principles, though with a few twists – others can skim through this discussion or even skip it, but you might find it’s interesting. Some of this [...]
James J. Periconi, Esq. | October 5, 2007
This is the first of a series of blogs designed to provide a detailed “primer” for the commercial real estate professional and investor. My goal is unlock what some still see as the mysterious world of environmental risk in the sale or lease of virtually all non-residential properties; more importantly, how do you do it [...]
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 EPA Issues Interim Guidelines for Urban Agriculture on Brownfield Sites Owners of Automobile Repair Shop Found Strictly Liable for Petroleum Discharge under NY Oil Spill Act Sole Shareholder of Company that Owned Contaminated Site Found Liable as a “Current Operator” under CERLCA U.S. Supreme Court Refuses to Hear Attack on CERCLA’s Constitutionality