Transactions and Due Diligence

Overview

Our Transactions and Due Diligence Team plays a key role in corporate and real estate transactions, working with sellers, buyers, and lenders to get the deal done.

Our Team and Services

Knowing that no two situations are alike and that each risk profile is unique, we fine-tune our approach with every client.

We manage the environmental due diligence process from start to finish, whether for a one-off deal or a large portfolio. Working with environmental professionals, we ensure that our clients have the necessary information and strategic options to make informed business decisions and to take advantage of risk management opportunities to protect against unanticipated liabilities. We help manage the environmental risks up front to best position the property from a value and risk management perspective. 

We team with corporate and real estate lawyers to negotiate the terms of purchase and sale agreements, liability transfer documents, and specialized insurance policies.  

    • Experience
      • Represented client in all aspects of due diligence, risk management, permitting, site remediation, the transaction, and development of a $250 million global development facility.

      • Sale by United Technologies Corporation (Pratt & Whitney Division) of multiple laboratory, office, and warehouse facilities (over 535,000 square feet on 58 acres) in West Palm Beach County, Florida, and transfer of land and water production, wastewater disposal, and other infrastructure facilities to community development district.

      • Represented a waterfront fuel oil terminal owner in the investigation, negotiation of alternative clean standards, remediation, and structuring of transaction to sell and convert the terminal to upscale residential apartments.

      • Represented large car dealership in a multisite real estate transaction involving contaminated properties that qualified as establishments under the Connecticut Transfer Act. After the transaction was complete, we assisted the client in managing the remediation of contaminated properties in accordance with state standards.

      • Represented Hackman Capital LLC, a real estate investor group, as outside environmental counsel for various environmental issues related to a portfolio of 19 light industrial properties in New York, Pennsylvania, Connecticut, Massachusetts, New Hampshire, Colorado, and Texas.

      • Counsel various clients in the investigation, remediation, risk shifting, and transactional elements of converting complex brownfield properties to alternate commercial and residential uses.

      • Counseled client on various aspects of relocating industrial operations to a new location, including negotiating environmental provisions of leases for both locations, negotiated an allocation of responsibilities with both landlords, and resolved outstanding requirements related to wastewater discharges and hazardous waste handling.

      • Our client retained responsibility for certain environmental liabilities associated with a number of properties of a former subsidiary. Robinson+Cole provided oversight in the investigation phase of a remedial project under the dual jurisdiction of a consent order with the Connecticut Department of Environmental Protection and the  Transfer Act. The analysis of over 50 potential areas of concern and remedial design are expected to save the client over $5 million over previous design plans. 

      • Assisted client in evaluating soil and groundwater impacts related to the historic use of pesticides and developed strategic options for addressing those conditions in a cost-effective manner to allow the development of the site as a large distribution facility.

      • Counseled client on the sale of a former industrial property under the Connecticut Property Transfer Act. The transaction involved the use of specialized environmental insurance and risk transfer to the buyer.

      • Robinson+Cole represented the owner of a 100-plus-year-old arms manufacturing facility in Connecticut on initial strategic site investigations and cost recovery negotiations with past owners for the cleanup of oil, metal, and solvent contamination. We then assisted the site owner with the negotiation of a four-party Transfer and Development Agreement (TDA) among the past owner, current owner, development corporation, and developer. The TDA involves the phased cleanup of certain tracts and the transfer of the parcels to a development corporation. Currently assist client in completing the remedial action plans. The tracts will ultimately be conveyed to the development corporation and leased to a developer, who will redevelop them into an 80-acre, mixed-use technology and biotechnology campus.

      • Served as environmental counsel for large utility in connection with the acquisition of a nuclear power plant.
      • Representation of an organics management company as part of a facilities acquisition team for composting companies seeking operations in the Northeast and Southwest. Advised client on potential environmental regulatory issues and liability allocation strategies for preexisting site conditions, including one facility located within a federal Superfund site.

      • Advised a lender on the implications of subordinating its mortgage to a lien for a solar energy project under the Rhode Island Commercial Property Assessed Clean Energy (C-PACE) program.

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Our Team

Chair

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