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Those who deal with waste often witness that the discovery of contamination on real estate is the kiss of death for a land acquisition or development project. The label "hazardous waste" can spook buyers, sellers, banks, investors, landlords, tenants, and brokers. Government agencies which acquire property by purchase, eminent domain, condemnation, tax title, gift, or otherwise, get cold feet when waste is found before the purchase and sale. Developers disappear from the landscape when they see signs of hazardous waste. Business expansions are cancelled for the fear of disturbing past contamination. Updated September 2018.

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3. DO CAREFUL SITE ASSESSMENTS.

Because the presence of hazardous waste may not be readily apparent, it is critical to evaluate property thoroughly before closing a real estate transaction or casting a project in concrete. Recognize, though, that you get what you pay for in a site assessment. Choose contractors wisely.

Anybody with a business card will claim to be able to do site assessments for you. Prior experience of the site assessment professional is key. Consider the resumes of persons who will participate in the assessment, as well as the reputations of any laboratory performing analytical services carefully. The qualified site assessor can help potential purchasers to avoid liability.

Avoid contractors who low-ball their proposals. Examine a site assessor’s previous work to see if the bidder simply does quick studies which recommend further work. Avoid those who send you contracts dripping with indemnification clauses and limits on financial liability for ordinary negligence. Additionally, avoid those who send teams of junior people right out of school with no supervision by senior engineers or environmental scientists.

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