Environmental Claims Management
Environmental disputes differ from construction claims in fundamental ways. The dispute often has a regulatory basis and the remediation method(s) are also subject to a strict regulatory process. Environmental disputes can arise from a wide range of sources. They can be simple and straight forward, such as:
- water trespass originating from a subdivision developer's retention pond, violating a downhill agricultural property damaging a crop, or
- mold and mildew contamination in a suburban office.
Or environmental disputes can be far more complex, involving:
- the failure of a contractor to complete the transfer of tons of bulk radioactive materials from deteriorating storage silos to a new structurally sound facility, or
- the projection of the costs of the cleanup of PCB contamination in 40 miles of river.
Often the damage calculation for an environmental cleanup must be undertaken well in advance of the actual incurring of the costs. This requires a thorough knowledge of the acceptable engineering methodologies for cleanup and their costs, as well a solid grounding in the regulations and governmental permitting processes.
Unresolved environmental liabilities, even when not the subject of a dispute, can have a significant impact on business financial statements, particularly for publicly traded firms under Sarbanes-Oxley. Here also, an accurate costing of the future remediation action is imperative.
MAR Management Solutions has an experienced staff of engineers, regulatory specialists and environmental managers; many with strong field experience. We have addressed environmental claims in a variety of situations, in an equally diverse range of project types, for government agencies, owner / developers and contractors. Whether the location of the dispute is a subdivision or a nuclear production facility, MAR Management's professional staff has the experience and the knowledge to assist you and your legal counsel in resolving your environmental claim.